Serious domestic violence allegations demand a highly competent defense team. The legal market is flooded with attorneys and firms that may seem knowledgeable but often lack the necessary qualifications and expertise. It is crucial to differentiate between true experts and those who only appear to be specialists. This article highlights key factors to consider when selecting a domestic violence defense attorney, emphasizing the importance of Board-Certified Criminal Law Specialization and extensive experience in handling sensitive cases.
Understanding Board-Certified Criminal Law Specialization
The State Bar of Arizona awards the title of “Board-Certified Criminal Law Specialist” to attorneys who have demonstrated exceptional skill and expertise in criminal law. Out of the 19,000 attorneys licensed in Arizona, only 54 hold this distinction, making them fewer than 3 out of every 1,000 lawyers. DM Cantor boasts three Board-Certified Criminal Law Specialists, the highest number of any firm in Arizona. This specialization is crucial for handling domestic violence allegations due to the severe penalties involved.
The Importance of Experience and Proven Success
Experience is paramount when seeking the best domestic violence defense team. David Michel Cantor, the founder of DM Cantor, began his career as an Assistant City Prosecutor in Phoenix, securing convictions in all 30 jury trials he conducted. He later transitioned to criminal defense, achieving Board Certification in 1999 and maintaining it for over 25 years. His partners, Christine Whalin and Joey Hamby, are also Board-Certified Criminal Specialists, bringing a wealth of experience in handling domestic violence cases.
DM Cantor’s record of over 160 complete jury trial acquittals and the highest number of “turndowns” in Arizona history sets them apart. These accomplishments demonstrate their ability to secure favorable outcomes for their clients, reinforcing their status as the best defense team in Arizona.
Key Elements of Domestic Violence Charges in Glendale
In Arizona, the statute of limitations for misdemeanor domestic violence and assault is one year, while felony aggravated assault charges can be brought within seven years. DM Cantor has successfully defended against allegations brought up years later, often leveraging defenses like “False Memory Syndrome.” Understanding the elements and penalties of these charges is crucial for a robust defense.
Felony Aggravated Assault and Domestic Violence Designation
Under ARS 13-1204, felony aggravated assault involves additional elements beyond misdemeanor assault, such as the use of a deadly weapon, physical injury, or assault on a minor or during the violation of an order of protection. A domestic violence designation under ARS 13-3601 applies if the defendant has a specific relationship with the victim, such as marriage, cohabitation, or a romantic relationship.
Punishments for Felony Aggravated Assault
The penalties for felony aggravated assault vary by class, with Class 2 being the most severe and Class 6 the least. Class 2 felony punishment includes a minimum of 3 years in prison, while Class 6 felony punishment starts at 4 months. The presence of a dangerous instrument or deadly weapon can significantly increase the sentence. These variations make it essential to have a skilled defense attorney to ensure charges are appropriate and not exaggerated.
Collateral Consequences of a Domestic Violence Conviction
Beyond imprisonment, a domestic violence conviction can have lasting repercussions, such as restrictions on firearm ownership. These collateral consequences underscore the importance of a vigorous defense to avoid long-term impacts on one’s life.
Defenses Against Domestic Violence Charges
DM Cantor employs a range of defenses to protect their clients, including:
- Affirmative Defenses: Justifiable force in self-defense, defense of others, defense of property, and crime prevention.
- False Allegations: Discrediting the victim’s accusations as lies or exaggerations.
- Causation Defenses: Proving lack of causation, supervening cause, lack of intent, and lack of recklessness.
- Evidence-Based Defenses: Challenging illegal search and seizure and Miranda rights violations.
- Diminished Capacity and Mental Health Issues: Utilizing diagnoses of autism, bipolar disorder, or schizophrenia to mitigate or dismiss charges.
DM Cantor’s Comprehensive Representation
At DM Cantor, the core purpose is to help clients navigate through the toughest times of their lives by providing hard work, excellent trial skills, and high-touch client service. Whether during the pre-charge phase or after charges have been filed, they conduct thorough timeline and bio meetings to build a robust defense strategy.
Frequently Asked Questions
- Out-of-State Defendants: DM Cantor can handle cases remotely and file motions to modify conditions of release for clients living out-of-state.
- Ankle Monitors: Rarely imposed unless in specific counties, with availability issues in many areas.
- Contact with Alleged Victim: Typically prohibited unless modified by a judge’s order, with DM Cantor filing motions as needed.
Conclusion
Facing domestic violence charges is daunting, but choosing the right defense attorney can make all the difference. Beware of pretenders and opt for a firm with proven expertise, like DM Cantor, to ensure the best possible outcome. With a comprehensive understanding of the law, a record of success, and a dedicated team, DM Cantor is equipped to defend your rights and future.
For more information or to schedule a consultation with DM Cantor, visit their website or contact their office directly. Don’t leave your future to chance—trust the experts with the credentials and experience to secure the best possible defense.