Flagstaff Domestic Violence Defense Lawyer

Flagstaff Domestic Violence Defense Attorney

Being accused of engaging in domestic violence is an extremely serious matter. It can significantly disrupt one’s life and tarnish one’s reputation among friends, family, and the community. If found guilty, the long-term consequences of the offense can be devastating. When facing these types of domestic assault allegations, having a Flagstaff domestic violence defense lawyer can make the difference between a fair trial and receiving a punishment that does not fit the crime.

At The Kaiser Law Group, we have years of experience defending clients who were accused of domestic abuse. It’s given us a unique perspective on the sensitivity and complexity of these cases, which helps us craft a solid defense strategy that accounts for all the facts and nuances involved. If you are facing accusations and are not sure where to turn for help, give us a call to begin discussing your options.

Common Elements of Domestic Violence Cases

No domestic violence case is the same. Each is composed of its own blend of emotional pain and legal complexity. However, if you have been charged with this crime, there are some common strings that run through many domestic violence cases. These include:

False Accusations

Not every single allegation of domestic violence ends up being proven true in court. This is because an accusation is not the same as concrete evidence. The onus is on the prosecution to make the case that the defendant is guilty of engaging in this unlawful and violent behavior. Sometimes, it is discovered in court that the allegation was rooted in a misunderstanding.

When a defendant has to bear the burden of facing a false accusation, it puts their personal freedoms at risk. It can also have a significant impact on their ability to maintain relationships or even retain gainful employment while the case is going on. It’s why having a true understanding of what different motivations could exist behind a false accusation can help a defendant and their attorney collect evidence that pinpoints the exact reasoning behind the allegation.

Self-Defense

The act of self-defense is a right that is granted to anyone who lives in Arizona. It’s an important element to understand in domestic violence cases, especially if it’s a detail of your domestic violence case, such as a scenario where the plaintiff actually initiated an aggressive behavior, and you had no choice but to intervene to protect your safety and well-being.

In these scenarios, a domestic violence lawyer will spend a ton of time uncovering each event that unfolded that day to try to see if taking a self-defense position could help prove their client’s innocence. Presenting different pieces of evidence, such as surveillance footage and witness testimony, can help everyone better understand what happened and if there was a genuine threat of violence that necessitated an act of self-defense.

Misinterpretation of Actions

It’s common to learn that an initial allegation of domestic violence was formed based on a misunderstanding. This is especially true if certain emotions were triggered and caused a certain level of discomfort between two individuals. For example, a heated disagreement on a sensitive topic could cause one individual to make a hand gesture to demonstrate their frustration, only to lead the other person to think it was an attempt to harm them.

Examples like these happen all the time, which is how many false allegations of domestic violence end up being discovered in the courtroom. When a defendant is able to successfully demonstrate how their client’s actions were genuinely misinterpreted, it can significantly reduce or dismiss the charges against them.

Mental Health Issues

If one of the parties involved in a domestic violence allegation has a mental health issue, it needs to be brought up in court for consideration. This is because it could help make more sense of why the allegation was made in the first place.

For example, if someone suffers from a condition like schizophrenia, where they perceive actions differently than people without mental illness, it could help explain why the allegation was made. This is especially true when the individual is not being treated for their condition, which intensifies their symptoms. While the individual with mental illness may believe their allegation to be true, that belief alone is not enough for a judge and jury to rule in their favor.

Substance Abuse

Drugs and alcohol always make legal cases more complex. This is because these substances can have a dramatic effect on an individual’s perception and memory of exactly what happened during the incident. For example, someone whose BAC levels were significantly over the legal limit of 0.08% may have a distorted recollection of events, which makes their testimony of what happened unreliable.

If there is any evidence that can point to an individual’s use of these substances, such as a medical report if they went to the hospital shortly after the alleged abuse, it could help a defendant cast a shadow of doubt on their accuser’s ability to accurately recall what happened. This forces the opposing counsel to find other sources of evidence to make their case.

Revenge

One of the most powerful motivators behind false accusations of domestic violence is an individual’s desire for revenge. This happens often in cases where two people may be starting conversations about divorce or have grown apart and find themselves disagreeing more than they have in the past.

For example, one partner may be upset they are facing a divorce and may make up a false domestic violence allegation to try to gain sole custody of their children. It could also be a simple attempt to ruin the other person’s reputation. Whatever the reasoning may be, it is illegal to falsify domestic violence allegations. Anyone leveraging this as a means of revenge may face their own repercussions in court, such as a defamation lawsuit.

While there are even more elements of domestic violence cases, these are some of the most common reasons an individual may end up in a courtroom defending themself from actions they do not believe they have engaged in. If any of these scenarios ring true to your own situation, it’s advised that you connect with a domestic violence defense attorney immediately to begin protecting your own interests.

The Role of a Flagstaff Domestic Violence Defense Lawyer

Defense attorneys in Flagstaff play a significant role in protecting the rights of those who have been accurately accused of domestic violence. While it’s unfortunate this happens to individuals from time to time, having a defense attorney on board can have a dramatic impact on the speed and quality of the case. Some of the most common areas where a defense lawyer for domestic violence cases adds value are:

Legal Advisor

Defense attorneys are masters of the law from years of undergoing extensive training and education to understand the law and how it can be applied to defense strategies. When someone is facing an accusation of domestic violence, they are often extremely anxious and stressed by the long list of legal items to accomplish while dealing with the emotional toll the allegation is taking on their own mental health.

Defense attorneys offer a calming and rational presence that takes a majority of the legal responsibilities off their client’s plate. They will investigate what happened from an objective standpoint and help construct a solid defense strategy that demonstrates their client’s innocence. They will also ensure that all paperwork and deadlines are met to avoid any unnecessary delays to the case.

Evidence Reviewer

Another critical task for domestic violence defense attorneys is to examine all evidence for consideration. This will include scrutinizing police reports, medical records, witness statements, and other documentation or footage that is available for the defense and prosecution to review and incorporate into the case. Being detail-oriented gives defense attorneys the ability to identify inconsistencies in a prosecution’s case and leverage that weakness to their client’s advantage.

In addition to reviewing and implementing evidence into a defense strategy, an attorney will also collect their own set of evidence that may not have been brought to the table by the prosecution to demonstrate their client’s innocence, such as alibis or character references.

Strategist

There are a ton of different decisions that need to be made throughout the domestic violence case lifecycle. A defense attorney takes the lead in making these decisions, ensuring that their clients are aligned every time before vocalizing any specific decisions or positions.

For example, they will need to work with their client to decide if a plea deal makes the most sense for the circumstances of a case or if there is enough evidence to advance to a court trial and make a true argument for innocence. They may also directly file a motion to dismiss or reduce a specific charge their client faces to ensure no one has to unjustly face penalties that are not proportionate to the facts of what actually happened.

Litigator

When a domestic violence case goes to trial, a defense attorney will step into their multifaceted role as a litigator. This makes them their client’s primary advocate in the courtroom, where they will present compelling arguments, cross-examine witnesses, and even challenge the evidence brought up by the prosecution in real time.

Having a strong proficiency in how a courtroom operates and the specific procedures that dictate these cases make defense attorneys instrumental in influencing a final ruling from a judge and jury. This type of legal support can make a huge difference in the outcome of a case and how fast it is able to be reached.

Negotiator

The art of negotiation is an important component of any domestic violence case. This is especially true in instances where neither party wants to advance a trial to court and would prefer to settle the dispute through a plea bargain.

In these instances, a defense attorney will use their negotiation skills to suggest what struggles the prosecution may face in the courtroom and leverage that weakness to secure some of their client’s demands. A prosecution will often acquiesce to some of these demands, especially if the strengths of the defense would appear to work favorably in court and leave the alleged victim with little room to challenge the positions.

Resource Coordinator

Being able to coordinate resources is vital to a defense attorney’s role. This is because as powerful as the skills and capabilities of a defense attorney are, the full package of their offering is only as strong as their ability to bring in other resources when needed to support their client.

This support can include introducing the client to certain counseling sessions, therapies, or anger management programs to demonstrate commitment to becoming a better person. When collecting evidence, their ability to bring in expert testimony can add an unbiased voice to legal discussions.

By taking the time to facilitate their client’s access to these resources, defense attorneys can help address many underlying issues that may have been related to the accusation in the first place. It can not only help to show a proactive desire to work on certain skills and behaviors but also to strengthen the defense arguments that point to their client’s innocence or qualifications for a reduced charge.

Defense Attorney Costs Vary by the Case

There isn’t a single universal price for defense attorney services that can help someone predict exactly how much they would pay for representation. The cost will vary based on many different factors that are unique to the client’s circumstances and the qualities of a specific attorney. For example, a seasoned attorney with a large number of wins in their case history can drive up costs due to the likelihood that they could replicate similar success for new clients.

If you are considering hiring a defense attorney, here are some general guidelines that can help to set some price expectations:

Hourly rates: Many defense attorneys charge for their services by the hour. These hourly rates can range anywhere from $100 to $500 per hour. This rate could extend even higher for attorneys who are highly experienced and desired by many in the community. On the other hand, newer attorneys or those who operate in rural areas are more likely to charge on the lower end of the price range.

Clients can expect to pay for every hour their attorney dedicates to defending their interests, which begins with researching the details of the case and ends in court where a final verdict has been reached and it’s determined an appeal is not necessary or viable.

Flat fees: Another common pricing arrangement is flat fees. This is where an attorney sets a specific price for a service and will not increase that price no matter how much time they spend delivering the service.

The variability in these flat fees will likely reflect how complicated the case is perceived to be. For more straightforward cases where the prosecution has little compelling evidence, an attorney may be confident to give a single sticker price for their services. If they anticipate a long court battle with lots of points to refute and a ton of time needed to collect evidence, this price will likely be much higher.

Retainers: A retainer is a lump sum that a client needs to pay upfront before an attorney will agree to begin working on their case. How much the retainer needs to be is up to each attorney and will often reflect the years of experience they have in the field and how much time they anticipate will be needed on the case.

In any instances where they have used all of the money in the retainer, it will be up to the client to replenish the funds to finish the case. If the case ends and there is still a balance in the retainer, it will be returned to the client.

Additional costs: There are costs that extend beyond an attorney’s fees. Even if an attorney agrees to work on a contingency basis, there are costs that a client will need to pay upfront, such as fees to file the case.

Securing expert witness testimony to support a defense position can also be costly, as this requires time for these professionals to analyze evidence and offer their own opinions for a court’s consideration. Clients should also consider how much travel expenses could cost for themselves and their attorney if there is a need to appear in multiple locations throughout the duration of the case.

While all of these details offer some insight into defense attorney service costs, nothing will give you as accurate of an estimate as connecting with an attorney and speaking with them about their specific price arrangements. You want to be sure to have this discussion during an initial consultation to feel confident that you can afford their services and will not face any surprise fees down the road.

FAQs About Flagstaff Domestic Violence Defense Attorney

What Are Some Alternatives to Trial if I’m Facing Domestic Violence Charges?

If you have been accused of engaging in domestic violence, there are different options to resolve the matter rather than going to trial. Some defendants opt for a plea bargain, which is an agreement made between the defendant and prosecution to reduce or dismiss specific charges in exchange for a guilty verdict or some other agreement.

In some cases, a defendant may agree to complete anger management classes or sign up for counseling sessions as a condition of the case being dismissed. If you would like to avoid court, discuss these options with your defense attorney to see what the most viable route for your specific circumstances might be.

How Can I Protect My Rights During Interactions With Law Enforcement Officers in a Domestic Violence Case?

Citizens of the United States are granted many different rights within the Constitution to guide their actions around law enforcement officers when being accused of a crime. One of the most critical things to do in an initial interaction is to remain silent so as not to incriminate yourself.

Everyone also has the right to an attorney, and asserting this right is highly recommended if you are arrested or detained. When interacting with law enforcement, politely assert your rights to avoid confrontation and demonstrate your ability to cooperate with the process. As soon as you can, secure your attorney to supervise the rest of the case and ensure your rights are upheld every step of the way.

How Long Does a Domestic Violence Case Take to Resolve in Arizona?

There are many different factors that will affect the timeline of a domestic violence case. The complexity of the case is one of the most influential factors, as complicated matters can require a ton of time for collecting evidence and presenting a persuasive argument in court or settlement negotiations. In some extreme cases, this could lead to a trial that extends for over a year.

However, simpler cases that can be settled through a plea bargain or diversion program could be completed in as short as a few months. Your defense attorney will be able to give an estimate of how long they anticipate your specific case could last after their initial review of the details in your early meetings together.

Can a Domestic Violence Case Affect Child Custody and Visitation Rights?

Yes, domestic violence cases have implications for child custody and visitation rights in family court. This is because courts will always prioritize the well-being of children in any family matter, and a guilty domestic violence verdict indicates that it may not be safe for any kids to be left alone with that individual.

Even an accusation of domestic violence could temporarily remove an individual’s custody rights until a final verdict is reached in court. Because the consequences of these accusations are so severe, it’s essential to secure a defense attorney as soon as possible to defend yourself against the allegations and protect your custody and visitation rights.

Contact The Kaiser Law Group Today

If you have been accused of engaging in domestic violence in Flagtsaff, contact our criminal law attorneys today. Everyone deserves a fair defense, and our team will listen to you and offer the clearest strategy forward. We would be honored to investigate the details of your case and safeguard your rights against any misguided accusations.