24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Key defenses against domestic violence allegations in Brooklyn

March 21, 2024 Uncategorized

Key Defenses Against Domestic Violence Allegations in Brooklyn

Yo, dealing with domestic violence charges is no joke, it’s a really tough situation. But don’t worry, we got your back. In this article, we’ll break down some key defenses that could help you out if you’re facing these kinds of allegations in Brooklyn. Just keep in mind, every case is different, so it’s always best to talk to a good lawyer who can look at the specifics of your situation.

False Accusations

Unfortunately, false accusations happen more often than you might think. Sometimes people make up stories or exaggerate incidents for all sorts of reasons, like revenge, jealousy, or even just a misunderstanding. If you can prove that the allegations against you are flat-out false, that’s a solid defense. Gather any evidence you can, like text messages, emails, or witness statements that contradict the accuser’s claims.

Lack of Evidence

In some cases, there just isn’t enough evidence to prove that domestic violence occurred. Maybe there are no visible injuries, no witnesses, or the accuser’s story doesn’t add up. If the prosecution can’t prove their case beyond a reasonable doubt, you could be found not guilty. Your lawyer will poke holes in the evidence and raise doubts about the accuser’s credibility.

Self-Defense

Self-defense is a valid legal defense if you reasonably believed that you were in danger of physical harm and used only the amount of force necessary to protect yourself. Here are some key points about self-defense:

  • Reasonable Belief: You must have had a genuine belief that you were about to be attacked or harmed.
  • Proportional Force: The force you used must have been proportional to the threat you faced. You can’t use excessive force.
  • Duty to Retreat: In some states, you have a duty to retreat or avoid the confrontation if possible before using force.

If you can show that you acted in legitimate self-defense, that could be a strong defense against domestic violence charges. Your lawyer will need to present evidence that supports your claim of self-defense, like witness statements, photos of injuries, or a history of abuse by the accuser.

Accidental Harm

Sometimes, harm occurs accidentally without any intent to commit domestic violence. Maybe it was a heated argument that got out of hand, or a simple misunderstanding that led to an unintentional physical altercation. If you can prove that any injuries were truly accidental and not the result of intentional abuse, that could be a valid defense. Your lawyer might argue that the incident was just a one-time mistake and that you don’t have a history of violence or a pattern of abusive behavior.

Mental Health Issues

In some cases, mental health issues like depression, anxiety, or post-traumatic stress disorder (PTSD) can contribute to domestic violence incidents. If you were experiencing a mental health crisis or episode at the time of the alleged incident, that could potentially be used as a mitigating factor or defense. Your lawyer might argue that you need treatment and counseling rather than harsh punishment.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Mutual Combat

If both parties were actively involved in a physical altercation, and there’s evidence that the accuser was also violent or aggressive, your lawyer might argue that it was a case of mutual combat rather than one-sided domestic violence. This defense essentially claims that both parties were willing participants in the fight, and neither was solely the victim or aggressor.

Potential Defenses Based on Specific Circumstances

Depending on the details of your case, there might be other potential defenses available. For example:

  • Mistaken Identity: If you can prove that you weren’t actually involved in the incident, that’s a solid defense.
  • Violation of Rights: If the police violated your rights during the arrest or investigation, that could potentially get evidence suppressed or the case dismissed.
  • Lack of Jurisdiction: In some cases, the court might not have jurisdiction over the alleged crime, which could lead to a dismissal.

The key is to work closely with your lawyer to explore every possible defense strategy based on the specific facts of your case.

Resources

Here are some additional resources that might be helpful:

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now