How To Reduce The Effect Of A Domestic Violence Or Assault Charge?

If Someone Voluntarily Goes To Counseling Or Anger Management When They Are Facing A Domestic Assault Or Battery Charge, Is That Going To Help Their Case Or Will It Show That You’re Guilty?

It does not show that you are guilty at all. If you are eventually convicted, you are going to show a judge in the state that you are taking the issue seriously and that you are seeking help even without being court ordered and that can be considered favorably in a sentence. Oftentimes, clients that entered into some type of counseling prior to the result or the resolution in the case also helps their attorney make a better argument for some type of diversionary program. There are a lot of opportunities to do that in domestic violence cases, especially a first offense, almost exclusively in a first offense. However, you would still need to complete the counseling classes and potentially pay some costs associated with that in exchange for a dismissal of the case. In some of those situations that can be available and that is helpful as well to the case for the offender.

What Are Some Of The Long Term Affects Someone Will Experience Having A Domestic Violence Conviction On Their Record? How Public Is That and Can Those Ever Be Expunged?

Court records are public records but at the same time, you really need to go digging to find out what has happened to people in the criminal world unless there is some type of media attention associated with the case. There have been cases where athletes or celebrities are charged with domestic violence and it becomes a much bigger deal on the news. For the everyday person, there are some public image concerns, and there can be job consequences. Even in the non-celebrity field, regular individuals can definitely have consequences when it comes to their job.

Sometimes, child custody can be impacted by domestic violence convictions, so there are definitely a lot of possible long term effects but in the grand scheme of things, the biggest impact it has, is on the relationships between the people and how they are able to move forward or not. A lot of consequences are down the line when it comes to separations, divorces, child custody and so on. In terms of having it expunged, it is very difficult in Arizona. They do allow for an expungement of a conviction. In Arizona, they have what is called ‘setting aside a conviction.’

If someone has completed all the terms of probation, paid the fines, and done the consequences, once the case is completely set aside, they can petition a court to set aside the conviction. When setting aside a conviction, the court basically says, “You have done everything, we do not feel like this conviction needs to remain on your record and we will set it aside.” However, the odd thing about Arizona is even in a criminal background checks, the conviction will still show up with a notation that it has been set aside. Therefore, it is not something that can just be erased from the database, it is a little bit different than in some places.

What Are Some Defense Strategies That Can Be Used In These Cases? Is Self-defense A Good Option?

Self-defense is absolutely a good defense. In cases like this where there has been a potential ongoing altercation or struggle, if the individual that started it tries to leave at some point and then the other person continues to fight with them, then they can defend themselves. There are various points in an altercation where self-defense can be raised. There is also a defense called a ‘mutual combat defense’ that occurs in domestic violence and regular assault and similar cases. In a mutual combat defense, two people are just as equally to blame for an altercation. It is hard to determine who initiated it, and saying that this was a mutual altercation between the two people leaves them equally responsible. That can also be a defense to having one person charged.

Read on to find out How to Reduce the Effect of a Domestic Violence or Assault Charge in Arizona or call the law office of Jared Allen PLLC for a FREE Initial Consultation at (602) 456-1982 and get the information and legal answers you’re seeking.

Jared Allen, Esq.

Get your questions answered - call me for your free, 20 min phone consultation (602) 456-1982.

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