Domestic Violence Attorney in Scottsdale

Written by:
Hector Diaz, Diaz Law PLLC
Available to chat 24/7

Facing a domestic violence charge in Scottsdale or surrounding jurisdictions requires swift action. Securing a skilled defense attorney can make a tremendous difference in the outcome of your case. A Scottsdale domestic violence lawyer is experienced in navigating the complexities of domestic violence cases, offering you the best chance at a favorable outcome. Our law firm is available 24/7 to provide immediate legal assistance and ensure that your rights are protected from the outset. Our Scottsdale domestic violence attorney, Hector Diaz, is here to help you through this challenging time.

Attorney Hector Diaz is well-versed in handling domestic violence cases and can provide the experienced guidance you need. If you need support, consider reaching out to Diaz Law today. Accused of domestic violence? Don’t let one allegation define your future. You need a strategic defense—fast. We offer a free consultation to discuss your case and explore your options. Attorney Hector Diaz speaks Spanish, ensuring that language is never a barrier to receiving top-notch legal representation.

Domestic Violence Charges in Arizona

Domestic violence is a serious issue that affects many individuals and families in Scottsdale, Arizona. It is defined as any act of violence, threat, or intimidation committed by one person against another in a domestic relationship. Domestic violence can take many forms, including physical, emotional, and psychological abuse. If you or someone you know is charged with a domestic violence charge, it is essential to seek help from a qualified domestic violence defense attorney. A Scottsdale domestic violence lawyer can provide guidance and support to help you navigate the complex legal system and protect your rights.

Why Choose Our Attorney?

Choosing the right attorney can be the difference between a dismissed charge and a conviction. Attorney Hector Diaz is a former big firm attorney with deep knowledge of local courts. Known as “The Fixer,” Hector has a reputation for resolving cases early, before they escalate, offering you peace of mind and a strategic advantage.

Hiring an experienced attorney like Hector Diaz can make a significant difference in the outcome of your case.

Our firm is trusted by professionals, athletes, executives, and everyday people alike. We believe in providing direct, 24/7 access to your lawyer, not passing you off to junior staff. This ensures that you receive personalized attention and a tailored defense strategy specific to your case. Our law firm is dedicated to achieving the best outcomes for our clients.

In addition to legal knowledge and experience, we offer strategic media and reputation management when needed. In high-profile cases, this can be crucial to maintaining your professional and personal reputation. Hector is fluent in both English and Spanish, ensuring clear communication and understanding throughout the legal process.

Our commitment to excellence and client satisfaction sets us apart. When you choose our law firm, you’re not just hiring a lawyer; you’re gaining a dedicated advocate who will fight tirelessly to protect your rights and future.

Arizona’s Domestic Violence Law

Understanding Arizona’s domestic violence laws is crucial for anyone facing charges. Unlike some states, Arizona does not charge “domestic violence” as a standalone crime. Instead, it’s a designation that enhances other criminal charges, making them more severe. This designation is covered under ARS 13-3601 and can apply to a range of offenses from assault to harassment.

A domestic violence designation can significantly enhance the severity of the charges and penalties you face.

This means that if you are accused of a crime and the alleged victim is someone with whom you have a domestic relationship, the charges can carry harsher penalties. This is why having a Scottsdale domestic violence lawyer who understands Arizona’s domestic violence statutes and can navigate the legal landscape effectively is vital.

What Is an Act of Domestic Violence in Scottsdale?

In Scottsdale, an act of domestic violence encompasses a wide range of behaviors, all of which involve harm or the threat of harm between people in a domestic relationship, including those who live in the same household. This can include spouses, former partners, family members, roommates, or anyone you’ve had a romantic or sexual relationship with. Additionally, Arizona domestic violence charges can manifest in various forms within these dynamics.

Acts of domestic violence can involve physical harm, threats, harassment, intimidation, or even disorderly conduct in a domestic violence case. Knowing what actions constitute domestic violence is crucial for mounting an effective defense.

A skilled Scottsdale domestic violence lawyer can help you navigate these definitions and build a robust domestic violence defense strategy. Domestic violence lawyers can provide essential support during this process.

Scottsdale Domestic Violence Charges and Their Elements

Domestic violence charges in Scottsdale AZ can vary, but they often include misdemeanor assault under ARS 13-1203. This can involve causing physical injury to another person. It may be done intentionally, knowingly, or recklessly. It can also include touching someone with the intent to injure, provoke, or insult them, or threatening someone with imminent harm.

Criminal trespass is another charge that can be associated with domestic violence cases.

Understanding the specific elements of these charges is crucial for building a defense. Each element must be proven beyond a reasonable doubt for a conviction. A knowledgeable Scottsdale domestic violence lawyer will meticulously examine the evidence and challenge any weaknesses in the prosecution’s case.

When is Domestic Violence a Misdemeanor in Scottsdale?

Domestic violence is typically considered a misdemeanor in Scottsdale for first-time offenses involving minor or no physical injury. This can include simple assault, where the harm is minimal, as well as verbal threats or intimidation that do not result in physical harm. Harassment and interfering with calls for help are also categorized as misdemeanors. Child abuse is a serious offense that can be involved in domestic violence cases as well.

These criminal cases are usually charged in municipal or city courts. While misdemeanor charges are less severe than felonies, they can still result in significant penalties, including jail time, fines, mandatory counseling, and involvement in the criminal justice system, which may lead to a criminal offense.

It’s essential to have a skilled Scottsdale domestic violence lawyer to navigate these charges and mitigate potential consequences.

When is Domestic Violence a Felony in Scottsdale?

Certain circumstances elevate domestic violence charges to felonies in Scottsdale. This includes:

●      The use of weapons
●      Repeat offenses
●      Violations of protective orders
●      Assaults causing serious bodily harm
●      Cases involving strangulation
●      Vulnerable victims, such as children or elderly family members

Aggravated domestic violence is a felony charge that results from severe incidents such as causing serious injury or using a weapon.

Felony charges carry much harsher penalties, including longer jail sentences and larger fines. They can also have more severe collateral consequences. An experienced Scottsdale domestic violence lawyer can help you understand the severity of your charges and develop a strategy to fight them.

Criminal Law Implications

Domestic violence cases often involve complex criminal law implications. A domestic violence conviction can result in serious penalties, including jail time, fines, and mandatory counseling. In addition, a domestic violence conviction can have long-term consequences, such as impacting your ability to own a firearm or affecting your child custody rights. A skilled domestic violence attorney can help you understand the potential criminal law implications of your case and develop a strategy to minimize the risks. If you are facing domestic violence charges, it is essential to work with a criminal defense attorney who has experience handling domestic violence cases.

Possible Penalties for Domestic Violence

Penalties for domestic violence convictions in Scottsdale can vary widely based on the severity of the offense and whether it is classified as a misdemeanor or a felony. Domestic violence penalties can include mandatory counseling, probation, and potential jail time based on the severity of the crime. For misdemeanor convictions, the punishment can include up to six months in jail, fines up to $2,500, mandatory domestic violence counseling, probation, protective orders, and community service.

Felony conviction, on the other hand, can result in much harsher penalties. These can include longer jail sentences, larger fines, and mandatory counseling programs. The exact penalties will depend on the specific circumstances of the case and any prior criminal history.

It’s crucial to have a knowledgeable Scottsdale domestic violence lawyer who can work to mitigate these penalties. This might involve negotiating plea deals, challenging the evidence, or presenting mitigating factors that could lead to reduced charges or alternative sentencing options.

Gun Rights and Domestic Violence

Domestic violence convictions can have significant implications for gun rights. Under federal law, individuals who are convicted of a misdemeanor domestic violence offense are prohibited from possessing or owning a firearm. In addition, some states, including Arizona, have laws that restrict gun rights for individuals who are subject to a domestic violence restraining order. If you are facing domestic violence charges, it is essential to work with a domestic violence attorney who understands the potential implications for your gun rights. A skilled domestic violence lawyer can help you develop a strategy to protect your rights and minimize the risks of a domestic violence conviction.

Mitigation: How We Humanize You in the Process

Facing domestic violence charges requires presenting a holistic view of who you are as a person. Our law firm focuses on making you more relatable to the court. This can involve presenting character evidence, providing context for mental health issues, or explaining the dynamics of the relationship.

Mistaken identity can be a crucial defense strategy in cases where the accused is wrongly identified as the aggressor.

We also encourage proactive steps such as enrolling in counseling or anger management programs. These actions can demonstrate to the court that you are taking responsibility and working towards positive change.

Our goal is to negotiate for reduced charges or alternative dispute resolution sentencing whenever possible, framing your case to achieve the best possible resolution.

Potential Defenses to Domestic Violence Allegations

There are several ways to challenge domestic violence allegations, and one of the most common is to assert that you acted in self-defense or defense of another person. If you were protecting yourself or someone else from harm, this can be a valid defense against the charges.

False allegations are another defense strategy. In some cases, accusations may be motivated by factors such as custody battles, revenge, or jealousy. Demonstrating a lack of intent or actual injury can also be a powerful defense. If the evidence shows that no harm was intended or inflicted, this can weaken the prosecution’s case.

Constitutional violations, such as unlawful searches or failure to provide a Miranda warning, can result in evidence being excluded from the trial. An experienced Scottsdale domestic violence lawyer will examine every aspect of your case to identify potential defenses and protect your rights.

Claims of police misconduct can also be used to challenge the validity of evidence or the legitimacy of the arrest.

What We Do When We Represent You

When you choose our law firm to represent you, we take immediate action to protect your rights and build a strong defense. This includes thoroughly investigating the case by interviewing witnesses, gathering evidence, and analyzing 911 recordings, police reports, and body camera footage.

We aim to handle cases pre-indictment whenever possible to avoid formal charges. By building a strategic defense early, we look for opportunities to resolve cases that can lead to reduced charges or even dismissal.

Our goal is to protect you both in court and the public eye, ensuring the best possible outcome for your case.

Working with a Domestic Violence Attorney

Working with a domestic violence attorney can be a crucial step in protecting yourself and your loved ones from domestic violence. A skilled domestic violence lawyer can help you understand your legal options and develop a strategy to achieve the best possible outcome. When selecting a domestic violence attorney, it is essential to choose someone with experience handling domestic violence cases in Scottsdale. Look for an attorney who is knowledgeable about Arizona domestic violence laws and has a proven track record of success in these cases. A good domestic violence attorney will listen to your concerns, answer your questions, and provide you with the guidance and support you need to move forward.

Steps to Follow if You’re Charged with a Crime

If you’re facing a domestic violence charge, it’s crucial to take the right steps immediately. First and foremost, do not speak to the police without a lawyer present. Anything you say can be used against you. Instead, ask for an attorney right away.

Consulting with experienced defense attorneys can significantly impact the outcome of your case.

Preserve any evidence that could support your defense, such as texts, emails, or photos of injuries. Stay off social media to avoid making statements that could be misconstrued. Avoid contact with the accuser, especially if there’s an order of protection in place.

Contact our law firm immediately; early action can significantly impact the outcome of your case.

What Is an Order of Protection?

An order of protection, also known as a restraining order, is a court order that can restrict you from contacting or approaching the accuser. Violating an order of protection can result in immediate arrest and additional felony charges.

Orders of protection can apply to any family member or household member who is at risk.

Our attorney can challenge improper or unnecessary orders in court. If you believe an order of protection has been wrongfully issued against you, reach out to our firm immediately. We can help you navigate this aspect of the legal process and work to protect your rights.

How the Police Navigate Domestic Abuse Claims in Arizona

Arizona law mandates that officers make an arrest if they believe there is probable cause to suspect domestic violence. This means that even without solid evidence, officers often default to caution and proceed with an arrest.

Spousal abuse is taken very seriously by law enforcement and can result in immediate arrest.

Understanding how law enforcement navigates these claims is crucial. You need a criminal lawyer who is well-versed in identifying the blind spots in police procedures and can challenge any weaknesses in the prosecution’s case. Our firm has the experience and knowledge to handle these situations effectively.

Maricopa County Domestic Violence

The Maricopa County Superior Court has a dedicated domestic violence court that handles cases involving domestic violence, including misdemeanor and felony offenses. If you are facing domestic violence charges in Maricopa County, it is crucial to work with a domestic violence attorney who is familiar with the local court system and procedures. A skilled domestic violence lawyer can help you navigate the complexities of the court system and ensure that your rights are protected.

What To Do If Accused of Domestic Violence in Scottsdale

If accused of domestic violence in Scottsdale, avoid confronting the accuser or trying to explain or apologize. Anything you say can be used against you. Instead, collect your version of events, including witness statements, photos, and texts that can support your defense.

Contacting a reputable law office immediately can provide you with the legal assistance you need.

Contact a defense attorney immediately. Early intervention can protect your rights, reputation, and future. Our firm can step in quickly to provide the legal assistance you need.

Schedule a Free Consultation.

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The information you obtain at this site is not, nor is it intended to be, legal advice. The Diaz Law team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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Legal Disclaimer

Scottsdale Domestic Violence Defense FAQs

Can I be arrested even if the alleged victim doesn't want to press charges?
Yes. Arizona law allows police to make arrests regardless of the alleged victim’s wishes.
Will a domestic violence conviction show up on a background check?
Yes. Convictions are public and can appear on criminal background searches for jobs, housing, or licenses.
Can I own a firearm if I’m convicted of domestic violence?
No. Even misdemeanor domestic violence convictions can result in a lifetime firearm ban under federal law.
What if I live with the alleged victim?
You may be ordered to leave the home, even if you’re the legal tenant or owner. We can challenge unfair orders in court.
Can domestic violence charges be expunged or set aside in Arizona?
Arizona doesn’t offer true expungement, but in some cases, convictions can be “set aside,” showing you completed all terms of your sentence.
What happens if I am charged with a third domestic violence offense?
 A third domestic violence offense can elevate the charge from a misdemeanor to a felony, especially if it involves aggravating factors such as injury or the use of a weapon.

Speak to a Defense Attorney Today

If you are facing domestic violence charges in Arizona, it’s critical to speak to a domestic violence defense attorney as soon as possible. Choosing the right law firm can make a significant difference in the outcome of your case. Our law firm offers a free consultation to discuss your case and explore your legal options. Available 24/7 for emergency cases, we ensure that you have access to the legal support you need when you need it the most. Attorney Hector Diaz is highly experienced in domestic violence cases and is here to help.

When you contact our firm, you will speak directly with Hector Diaz, not a case manager. Fluent in both English and Spanish, Hector is ready to provide you with the personalized legal representation you deserve. Don’t wait—reach out today to start building your defense.

Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Diaz Law team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.