I Was Too Drunk. How Can I Be Charged with Sexual Assault?

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.

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

7112 N 55th Ave

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Everything You Need to Know About Domestic Abuse Offenses and Their Penalties

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 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.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/need-to-know-about-offenses-and-their-penalties/

What is a Disorderly Conduct Charge in Arizona?

Disorderly conduct is a common criminal charge in the state of Arizona. Most disorderly conduct cases are charged as a class 1 misdemeanor, however, in some circumstances, a perpetrator can be charged with a class 6 felony.

A conviction for disorderly conduct will affect your criminal record and subject you to potential penalties.

 

For these reasons, you should seek out representation from a criminal attorney if you are charged.

What is considered disorderly conduct?

According to Arizona law, disorderly conduct is when a person intends to disturb the peace of a neighborhood, family, or person or with knowledge of doing so they:

• Fight, or engage in violent or seriously disruptive behavior
• Make unreasonable noise
• Use abusive/offensive language or gestures to a person in such a way as to likely provoke immediate retaliation by them
• Make commotion, utterance, or display with the intent to prevent the transaction of a business meeting, gathering, or procession
• Refuse to obey an order to disperse that is issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency
• Recklessly handle, display, or discharge a deadly weapon or other dangerous instrument

If a person is alleged to have committed any of the conduct listed above, then they could face a class 1 misdemeanor. If they are alleged to have committed any of these acts and a firearm was involved, then they could be charged with a class 6 felony.

What are the potential penalties for disorderly conduct?

A person who is convicted of a class 1 misdemeanor disorderly conduct may face the following penalties:

• Fines and costs up to $2,500
• Up to 6 months in jail
• Up to 5 years of probation

A person convicted of a class 6 felony disorderly conduct may face up to 1 year in prison and a loss of certain civil rights.

In additional to the potential fines, jail, and probation, a conviction may also result in mandatory drug and alcohol testing, court-ordered substance abuse, or anger management treatment, community service, limitations on firearm possession, and other court imposed requirements.

Are there any defenses to a disorderly conduct charge?

In some situations, there may be defenses available to challenge the charge. This could result in dismissal of the case, a reduction to a less significant charge, or decreased sentencing recommendations.

Some defenses that may be raised include:

• Reasonable doubt as to any of the elements of the charge
• A violation of your constitutional rights
• Justification for your alleged conduct
• Lack of the necessary intent

What should you do if you are charged with disorderly conduct?

Because a disorderly conduct can have significant consequences, you should be aware of your rights and exercise those rights. Those rights include:

• The right to remain silent
• The right to have a trial
• The presumption of innocence
• The right to bail if you are arrested
• The right to have an attorney

To ensure that your rights are protected and that you receive a just outcome, you should contact an experienced criminal defense attorney. A criminal attorney will provide you with legal advice about your case and help you know what to expect. They will advocate for you to receive a fair and just result. At the Law Offices of Gary L Rohlwing, our team strives to help our clients receive the best result possible under the circumstances. We are experienced and know what it takes to present a successful defense.

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What Is the Difference Between Domestic Violence and Abuse?

Often, these two words are used interchangeably to describe similar conduct. They both appear in state codes and may differ according to states. In most cases, the two will appear in family law or domestic relations law statutes related to matters like divorce, child custody, and civil restraining orders.

In this article, we will explore both terms into depth and seek to understand the distinction between the two terms and the statutes around them. But let us first consider what the dictionary has to say about the two terms:
- Domestic abuse: The physical or psychological manipulation towards a member of one’s own family.
- Domestic Viciousness (Violence): The state where some you live with attacks you and tries to cause harm to you.

Domestic Abuse Laws

As mentioned earlier, different states may use the terms differently to describe similar conduct. Let’s take the Wisconsin laws, for example. The law here describes domestic abuse as the intent to inflict physical pain, impairment, or fear when committed against a current or former spouse or an adult with a child in common with the abuser.

The statute further broadens the definition of domestic abuse by including property damage and threats to commit any of the actions mentioned earlier. In other words, property damage in Wisconsin committed by a spouse can be considered domestic abuse. The same state also uses domestic forcefulness in other places such as child custody and placement laws, again to refer to similar conduct.

Domestic Forcefulness Laws

We’ve seen how the laws in Wisconsin define domestic abuse and domestic forcefulness. Now, let’s compare Wisconsin's definition with another state, say, North Carolina, to show how the two terms differ.

In North Carolina, Domestic forcefulness resembles domestic abuse in Wisconsin. In this case, both states use different terms to refer to comparable conduct. Other states like Arizona, may be more extensive in defining the acts prohibited by the term. For example, Arizona laws include crime against a child, animal, disorderly conduct, and interfering with emergency telephone calls as domestic forcefulness.

Conclusion

It turns out that there is a very thin line between domestic violence and domestic abuse. Both terms seem to be used interchangeably and will most definitely differ from one state to the other. Therefore, if caught up in a case that uses either term in charges against you, it is best to consult an attorney who is an expert in your state laws.
Being a very sensitive issue, it will be crucial to get all the facts right from the word go. An expert in the field would be an excellent place to start. You will also need all the support and care you can get.

It would be wise to consider an experienced attorney such as Gary Rohlwing, who understand both the defense and prosecution of these matters. When it comes to this kind of offence, there are generally immediate repercussions depending on the harshness of the issue. You will need all the expert help you can get.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/what-is-the-difference-between-domestic-violence-and-abuse/

Defenses Against Drug Charges

Arizona is a state that carries stringent penalties for crimes. For those reasons, you need an experienced attorney to represent you if you ever receive a charge. Drug charges are among the most harshly penalized of all crimes within the state.

If you get a conviction for anything having to do with drugs, you have a lot to lose. You could be facing jail time as well as high fines and numerous suspended rights.

If you are found guilty, you could also have trouble finding a job to continue supporting your family. Here is some information about us and why you should contact us for an assistant with your charges.

Our attorneys cover a vast assortment of charges related to drugs. We can assist you in a simple case of possession or we can defend you if someone has accused you of selling or cultivated drugs. We also cover drug trafficking charges as well as manufacturing accusations.Furthermore, we can help if you receive a citation for operating a motor vehicle under the influence of a drug. Those charges can carry stiff penalties if you receive a conviction, as well. Therefore, our DUI attorney will be eager to speak with you to see how they can help you.

The Risk of Not Hiring a Drug Attorney

You could always opt to fight an accusatory case by yourself. However, you will run the risk of flat-out losing the case and being railroaded.

Why not protect yourself as much as possible by hiring a drug attorney or DUI attorney to stand up for your rights? Our attorneys know the letter of the law, and they also know all the tricks that the prosecution might use against you if you stand alone.

To convict you of a crime, the prosecution needs to have clear evidence that you committed the alleged crime. If they cannot prove your guilt, you should not have to spend a day in jail or a penny on a fine.

Furthermore, the court must throw out a case where the arresting party did not follow the proper protocol to make the arrest. A criminal defense lawyer will bring those matters into question, and the prosecution must answer them with hard evidence.

What We Can Do for You

We aim to protect your good name and to have you completely exonerated of any crimes of which you are being accused. However, we understand that some situations are complex and they may result in an adverse decision from the court.

We can still work with you if you receive a conviction. Our attorneys will try to have the judge reduce your sentence or give you an alternate sentence that won't create undue stress in your life. We will advocate for you at every step of the process.

You won't have to say a word because our attorney will be your mouthpiece, defender, and confidant. We will file all the necessary paperwork and lay the burden on the other party to prove that you've done wrong. We strive to provoke a judgment in your favor.

We've succeeded in helping many of our clients in the past, and we work hard to maintain our record of going the extra mile for our clients.

Why You Should Choose Us

There are many reasons that you should choose us to handle your case rather than another law office. First, we have the experience. Our attorneys have been defending people facing drug charges for many years. Secondly, our clients respect and trust us.

Our reputation is strong within the community, and you can verify that by having a look at some of our reviews. Thirdly, we offer a free consultation so that we can gain perspective about your situation. You'll risk nothing by contacting us to talk, but you might end up retaining your freedom.

How to Get Help

It's easy to get assistance from our criminal defense lawyer. All you need to do is reach out to the office and schedule a consultation. You can do that by telephone or short form. Someone will make an appointment to have you come in and discuss your charges. The attorney will offer to assist you if you need help with your plight. Don't wait another minute to ask for help. Every minute is an important part of your life.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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Rise of Arizona Domestic Violence Calls to Police During COVID-19

The global coronavirus pandemic crisis has turned our daily lives upside down. From people being unable to work to receiving lockdown violation tickets for failing to properly practice social distancing, it seems we all have a lot of reasons to feel a bit on edge these days.

Being locked in your home is stressful, but being locked in your home when you're in a toxic relationship is downright nerve-wracking. If you're experiencing domestic unease during the current crisis, here are some important things that you need to know to protect yourself legally.

Why Domestic Violence Calls Are Skyrocketing

During quarantine, domestic violence calls to police have been skyrocketing in Arizona. Some people don't understand why exactly this is happening. One comedian joked that he wouldn't suddenly start abusing his spouse if he found himself locked in his apartment.

It's important to realize that these aren't instances of people suddenly waking up one day and deciding to become abusers due to the stress of COVID-19. Instead, these are people who were already plenty of abusive who now find themselves in the company of their victim all day and night. While their victim may have previously been able to escape them for several hours of the day when they were at work, they now have nowhere to run.

Furthermore, abusers aren't people who regulate their emotions and deal with stress very well. Abusers tend to have serious rage issues and cannot cope with hardship without lashing out at their loved ones, both verbally and physically. When an abuser finds themselves in a stressful situation, they're more likely to ratchet up their abuse instead of dealing with their emotions in a healthy way.

How People Exploit Domestic Violence Laws

The world is full of real abusers and real victims. These are the people who law enforcement ought to be focusing on, especially during these unprecedented times. Unfortunately, the world is also full of toxic people who throw around accusations of domestic violence as a way to spite their partners, despite the fact that the person their accusing has actually done nothing wrong.

Tensions are high in many households currently under lockdown. Just like an abuser, when a toxic partner is put under stress, they lash out in unhealthy ways. This can include filing false domestic violence charges against their significant other. Many people are perfectly willing to lie to law enforcement if they believe it will help them to get revenge against a partner who they believe has slighted them.

Sadly, the Arizona police have to err on the side of caution when it comes to domestic violence cases. Domestic violence is serious and can be fatal. No cop wants to free a potential abuser and risk being the reason why a victim ultimately perished. For this reason, they'll often arrest alleged abusers, even if they're fairly confident that the accuser is fabricating their story.

If you've found yourself on the receiving end of domestic violence charges, you need a criminal lawyer who will fight for justice and fairness. Contact the Law Offices of Gary L. Rohlwing today for more information about a criminal lawyer who will work hard to protect your rights.

Rise of Arizona Domestic Violence Calls to Police During COVID-19 was first published to Gary Rohlwing Law Offices Blog

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/rise-of-arizona-calls-to-police-during-covid-19/

Defining Domestic Violence in the State of Arizona

Unlike what many people think, domestic violence isn’t the title of an actual crime in the State of Arizona. It is a term used when criminal charges are alleged for an individual who commits a crime against someone with whom they are in a domestic relationship. A charge of domestic violence may apply to former partners, as well as those who are only dating and even certain family members. Domestic violence in Arizona is explained through Statutes 13-3601.

 

Crimes that Fall Under Domestic Violence

Following are crimes that may constitute domestic violence:

• Harassment
• Verbal and physical assault
• Sexual assault of a minor
• Child abuse
• Violation of a restraining or protection order
• Physical or sexual battery
• Murder
• Kidnapping
• Abuse of the elderly

There are cases when simple arguments lead to shouting and verbal assault. If this happens, you can call the cops to intervene. This is because, when things get out of control, people can make impulsive decisions spurred by anger, jealousy, and rage. The victim can then file a case for domestic violence.

Dropping a Domestic Violence Charge

Now, what will happen if the victim changes his/her mind, and no longer wants to pursue the case? Having charges dropped won’t be easy. In Arizona, prosecutors can continue to try a case, even if the alleged victim decides not to follow through with the charges themselves.

Arizona prosecutors presume that people who file domestic violence charges against another person are victims. But this is isn’t the case all the time. In some instances, people press charges for the crime even when no violence actually happened.

A lot of the alleged victims may then attempt to drop the charges they filed only a few hours earlier – only to find that they can’t. They may have made a rash decision due to hurt, anger, or other overwhelming emotions. However, Arizona prosecutors are trying to protect those victims who brought a legitimate charge of domestic violence against someone they are afraid of or who they have strong feelings for. These victims may decide to drop charges so as to not make the life of the accused difficult or because they are convinced by them or intimidated into dropping charges.

The state of Arizona is vigilant against people accused of domestic violence, as well as those who claim to be victims then try to drop the case later.

Grounds for Dismissal of a Domestic Violence Case in Arizona

A charge for domestic violence may be dismissed if admissible evidence is lacking. The prosecution must prove beyond a reasonable doubt that the defendant actually committed the crime. If there is insufficient evidence to prove the accused party’s guilt, the prosecution may then decide to have the charges dropped and avoid a verdict of not guilty.

Uncooperative Witness

If the victim wants to drop the charges, dismissal of the case doesn’t follow right away. Even if the alleged victim refuses to testify, the case can still progress. But, a victim who changes or recants their story will make it more difficult for prosecutors to win the case.

A person is deemed to be an uncooperative witness if they cannot recall some facts about the incident, fail to make themselves available in depositions, or downplay the incident’s impact. A victim may be deemed uncooperative even if they only act this way out of fear, guilt, or embarrassment.

Importance of a Domestic Violence Lawyer

Domestic laws in Arizona can be more complicated than in other states. Thus, it is important that you consult with an experienced and reputable defense lawyer when facing a domestic violence charge. The Law Offices of Gary L. Rohlwing can help you get the best possible results. Atty. Rohlwing can assess your specific case, examine all the facts, and come up with the best strategy for your defense. Gary Rohlwing provides domestic violence defense representation in Glendale, Surprise and Avondale.

Defining Domestic Violence in the State of Arizona Read more on: http://www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

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(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/defining-in-the-state-of-arizona/