Law Offices Of Gary L Rohlwing Attorney in Glendale, Az: August 2020

For a sexual assault allegation to stick, it is not always necessary to establish intent – even if the alleged attacker was intoxicated at the time the supposed assault happened. Such crimes call for evidence, and the assault victim must come forward to make sure that the case moves forward.

Domestic Violence

State of The Accused and The Victim

The existence of evidence is important to convict an attacker in a criminal case. A case may have not much to support any side, depending on both the victim’s and the attacker’s state. If the person facing an assault charge couldn’t remember what happened because he was too drunk, he may not have much to defend any actions he took.

However, if it was the victim who was drunk or both parties were intoxicated enough that any action from either side is unsure or blurry, the case may have nothing to stand on.

The Victim’s Recollections

The alleged victim’s memory of the sexual assault may not be very clear. But, whatever the person recalls may be used to support the charges. Communication or discussion with the other person involved may help clarify what really happened.

This often leads to an investigation where both parties are made to reveal as much information about the incident as possible. If a drunk person committed sexual assault, then he may face charges for causing trauma and inflicting harm. At this point, the accused would need an attorney.

Evidence against the Attacker

Evidence in cases of sexual assault may involve actual events, as well as what average persons expect to happen in such situations. If the parties were in a romantic situation such as a date, sexual relations may be reasonably expected. But, if one party was unconscious and the other took advantage, it would constitute sexual assault – even if it can be reasonably assumed that the parties have done it before. Unfortunately, arguments containing only the side of the victim may be insufficient to convict the defendant.

Initial Sexual Assault Charges

Initially, police officers may not issue charges based on the victim’s first interview. The case may not progress into a hearing if the police think that there may have been consent before the victim fell unconscious. The victim may also have been too intoxicated to recall what happened. In many cases, the police officers may never bring the case forward or issue any charges. Without visible evidence or injury to support the charge, the victim may not have any recourse but to talk to a lawyer.

What Constitutes Consent

According to studies, a lot of people are not aware of what full consent involves. In the case of male defendants, they may be unable to read the actions of the female. If the defendant is a woman, she may have neglected the other party’s mood. The common reason for a charge of sexual assault is a lack of consent. But, the motive may not be present if the attacker was drunk.

Reasonable Situations

The prosecuting lawyer, jury, and judge may consider the situation presented as a reasonable place to expect the occurrence of sexual activities. However, there may be a clear case if there are injuries or additional evidence to support the sexual assault charge.

The Drunk Defendant’s Legal Defense

When facing a charge for sexual assault at a time when you were drunk, you will need an experienced lawyer to defend you. The Law Offices of Gary L. Rohlwing can help you when it comes to crafting an appropriate defense for your particular situation.

I Was Too Drunk. How Can I Be Charged with Sexual Assault? was originally seen on https://criminal-duiattorney.com/blog

Law Offices of Gary L Rohlwing

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from https://www.criminal-duiattorney.com/criminal-defense/sex-crimes/i-was-too-drunk-how-can-i-be-charged-with-sexual-assault/

In Arizona, domestic abuse charges are taken very seriously and thus the penalties are very severe. Domestic violence is defined as nearly any criminal act of abuse committed by a household or family member against another.

Domestic abuse is not only physical but may be sexual or emotional in nature. Neglect and economic control are also considered abuse. Crimes associated with abuse include assault and battery (with or without a deadly weapon), kidnapping, disorderly conduct, and criminal trespass.

domestic violence legal help

Domestic violence is considered a misdemeanor. However, if the suspect is convicted of three offences over a seven-year period, the charge can be upgraded to aggravated domestic violence, which is a felony, even if the earlier offences were charged as misdemeanors. This carries with it more severe penalties.

Penalties for Domestic Violence

In Arizona, misdemeanors are classified as Class 1, 2, or 3 depending on the severity of the charges, with Class 1 being the most serious. Penalties range from a maximum of 30 days or up to six months in jail, as well as fines ranging from as much as $500 up to $2500.

If the charges are upgraded to a felony, the corresponding penalties are based on the underlying offence. However, certain circumstances may increase the penalties.

For instance, if the suspect commits an act of domestic violence against a pregnant victim that he knew was pregnant, two years is automatically added to any mandated jail time for the offence.

To illustrate, if a suspect is convicted of unlawful imprisonment against a stranger, he faces a maximum penalty of three years. However, if the offence is against his wife, whom he knew was pregnant at the time, the maximum penalty is increased to five years.

In addition to jail time or probation and fines, any person convicted of a domestic violence offence is required to complete a treatment program for domestic abuse offenders. This can consist of as much as 52 classes, which can take anywhere from six months to a year to complete.

Once charges are filed, the victim cannot decide to drop the charges. The State will prosecute them even if the victim refuses to testify. Only the district attorney has the authority to request a dismissal, and this still has to be approved by the judge.

Defending a Domestic Violence Case

If you have been charged with an offence involving domestic violence, it is very important that you engage the services of an attorney experienced in handling these cases. An experienced attorney will evaluate your case and explore possible defenses, as well as other options open to you. He will also ensure that your rights are protected.

Attorney Gary L. Rohlwing is an experienced attorney specializing in domestic violence representation and criminal defense. He has been the attorney of record in more than 3500 cases and has been a former prosecutor for Phoenix and Peoria.

If you have been charged with a domestic violence offence, he will evaluate your case and help you get the best outcome. You can get in touch with him at (632) 937-1692 to avail of a free initial consultation.

Everything You Need to Know About Domestic Abuse Offenses and Their Penalties Read more on: Law Offices of Gary Rohlwing - criminal-duiattorney.com/