This is a question that we hear all the time at Colburn Hintze Maletta, PLLC. Whether on the Family Law or Criminal Defense side of our firm, a Domestic Violence charge can wreak havoc on a person’s life.
Here is the scenario we often see: a couple gets into an argument that turns physical, whether that be an assault or damage to some items in their home. The police are called, often by one of the people involved in the argument or a concerned neighbor calling 911.
When the police respond, they separate the couple and interview both of them. After answering what seems like a few simple and sometimes irrelevant questions, the police decide to arrest one of the people involved in the argument.
After the person is released from jail (or cited and released to stay somewhere else for the night), they will have a court date to appear and face the charges. At this point, the person’s partner often wonders if the prosecutor will drop the case if they, as the victim, do not want to press charges.
Unfortunately, in Arizona Domestic Violence cases, once the police are involved and an arrest decision is made, the alleged victim cannot stop the process by simply saying that they don’t want their partner to be prosecuted.
Even if an alleged victim recants their statements that they made to police, Arizona prosecutors will often continue on with the prosecution. The reason behind this policy is the theory that domestic violence victims are often caught in a repeating cycle of domestic violence.
The Stigma of “Will this happen again?”
Prosecutors and police believe that if someone commits an act of domestic violence against their loved one, they may do so again, even if the couple has rekindled their relationship after an incident of domestic violence. This puts couples in a difficult situation.
There may be release conditions imposed by the court that prevent them from having contact with each other. The person facing charges may not even be allowed to come back to their home while the case is pending.
With such restrictive release conditions, and the prosecutor’s unwillingness to listen to the alleged victim, many people facing domestic violence charges believe they are hopeless and should accept a plea offer just so that they can start putting the incident behind them and getting back to their normal life. In this scenario, this is rarely the best course of action.
Before detailing what you should do if you are charged with Domestic Violence, it is important to understand what Domestic Violence actually means in Arizona.
What is Considered Domestic Violence in Arizona?
A common misconception is that Domestic Violence is its own standalone crime in Arizona. This is not the case. Instead, Domestic Violence, under ARS 13-3601, is a classification that is attached to other crimes, such as assault, criminal damage, or disorderly conduct, based on the relationship between the defendant and the alleged victim.
A person can be charged with Domestic Violence as an aggravator to any of the following offenses:
- Misdemeanor Assault
- Aggravated Assault
- Aggravated Harassment and Misdemeanor Harassment
- Child Abuse or Vulnerable Adult Abuse
- Criminal Damage
- Custodial Interference
- Dangerous Crimes Against Children
- Disorderly Conduct
- Interfering with Judicial Proceedings or Violating an Order of Protection
- Manslaughter, Negligent Homicide, First-degree, and Second-degree Murder
- Sexual Assault
- Surreptitious Photography or Video Recording
- Threatening or Intimidating
- Unlawful Disclosure of Images (Revenge Porn)
- Unlawful Imprisonment
What Types of Relationships Fall Under the Category of Domestic Violence in Arizona?
Only certain relationships fall under the umbrella of Domestic Violence. The types of relationships are as follows:
- Marriage (either current or former)
- People residing in the same household (including roommates)
- People who have a child in common
- People who are pregnant by the other party (defendant or alleged victim)
- Relatives: including parents, grandparents, children, grandchildren, in-laws (brother, sister, parent, or grandparent), stepparents, step-grandparents, stepchildren, and step-grandchildren
- If the victim is a child who is related by blood to the defendant’s former spouse and the child resides or resided in the same household as the defendant
- If the victim is a child who is related to a person who resides or resided in the same household as the defendant
- People in a romantic or sexual relationship
As you can see, Domestic Violence encompasses much more than just crimes committed against spouses or partners.
What should you do if you find yourself facing Domestic Violence charges?
If you are facing Domestic Violence charges, your best course of action is to hire an experienced domestic violence attorney. There is no time to waste when it comes to building a strong defense against these types of charges.
First things first, an attorney can file and argue a motion with the court to allow you to come back to your home and have contact with the alleged victim.
The reason for this is two-fold. First, you want to have the least amount of disruption in your life as possible, and second, you want to show the prosecutor and the court that you are able to live with your partner without issues.
Next, the best Domestic Violence attorneys will gather and view all of the evidence in your case. This evidence may consist of 911 call recordings, security camera footage, photographs, body camera footage, police reports, and recorded interviews. After gathering these items, your attorney can interview witnesses, including police officers, with a focus on developing an aggressive defense to the charges.
A common thread among many Domestic Violence cases is that the police officers investigating the allegations often did not see what actually happened between the defendant and the alleged victim. A Domestic Violence defense attorney can capitalize on this during their own investigation and prove that the officers may have made an arrest based on unreliable information.
In some cases, the alleged victim will only claim that they are the victim of domestic violence to avoid their own arrest. They don’t want to tell the police the full truth, so they only tell the half of the story that portrays them in a better light.
If the alleged victim started the physical altercation and the defendant was merely trying to prevent physical harm to their person or property, then there may be a defense to the charges. The defendant may be able to claim self-defense or defense of their property if the case goes to trial.
Some people believe that if an alleged victim of domestic violence has injuries that appear consistent with their version of the events, that a case is unwinnable. But this is far from the truth. The mere presence of injuries will not tell the full story.
The attorneys at Colburn Hintze Maletta, PLLC, have successfully defended against numerous Domestic Violence cases in which an alleged victim had injuries that corroborated their story. However, by taking the time to conduct a comprehensive and aggressive investigation, our attorneys have been able to secure complete case dismissals, not-guilty verdicts, and reduced charges, even in cases involving injuries to the alleged victim.
If you are convicted of Domestic Violence, you can face probation, jail, prison, substantial fines, loss of your gun rights, and be required to take months of domestic violence classes.
When You Need Help from an Elite Arizona Domestic Violence Lawyer, Call Colburn Hintze Maletta, PLLC
If you have been charged with Domestic Violence, don’t attempt to rely on the alleged victim telling the prosecutor that they don’t want to press charges. Unfortunately, this is not the silver bullet that many people hope for. Instead, the best thing you can do is find an attorney who knows how to handle Domestic Violence cases and is not afraid to take the case to trial to prove your innocence.
The attorneys at Colburn Hintze Maletta, PLLC, have extensive experience defending people accused of Domestic Violence and a track record of successful results.
Our attorneys have the knowledge, skill, and strategies to get you the best possible result in your Domestic Violence case. Call Colburn Hintze Maletta, PLLC, at (602) 825-2500 to see how an elite Domestic Violence lawyer can help you build a successful defense.
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I, recently, consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again, however, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
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I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.
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Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
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“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
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“Tim was absolutely amazing and worked diligently”
I had an incident and was Given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now I am on the path to having my case fully dismissed. A couple things that really helped me through this process was that Tim did an amazing job at was answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future and as of right now they will be my first choice if I need a lawyer in the future.
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I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.