Long Island Domestic Violence Lawyer
Contents
- 1 Domestic Violence Charges on Long Island? We Understand and Can Help
- 2 Introduction: A Difficult and Emotional Situation
- 3 What Constitutes Domestic Violence in New York?
- 4 Potential Penalties for Domestic Violence in NY
- 5 Potential Defenses Against Domestic Violence Charges
- 6 The Importance of Skilled Legal Representation
- 7 A Client Success Story
- 8 Getting an Order of Protection Dismissed
Domestic Violence Charges on Long Island? We Understand and Can Help
Introduction: A Difficult and Emotional Situation
Facing domestic violence charges is an incredibly difficult and emotional situation. You may be feeling scared, ashamed, angry, or any number of other intense emotions. We want you to know that you’re not alone. Our compassionate Long Island domestic violence lawyers at Spodek Law Group have helped many people just like you get through this challenging time.We understand how devastating these charges can be – they can threaten your relationships, your job, your freedom, and your entire way of life. But there is hope. With the right legal defense, you can get through this. We’re here to listen without judgment, protect your rights every step of the way, and fight tirelessly for the best possible outcome.So take a deep breath. You’ve taken the first courageous step by looking for help. Now let our experienced team guide you through this process with empathy and expertise. You don’t have to face this alone.Have questions or need support? Don’t hesitate to call us at 212-300-5196 or contact us online for a free, confidential consultation.
What Constitutes Domestic Violence in New York?
In New York, domestic violence encompasses a wide range of abusive behaviors between intimate partners or family members. It’s not just physical violence – it can also include:
- Emotional or psychological abuse (intimidation, threats, stalking, etc.)
- Sexual abuse or forced sexual activity
- Economic deprivation or controlling finances
- Isolating the victim from friends, family, or sources of support
Essentially, any pattern of behavior used to establish power and control over an intimate partner or family member can be considered domestic violence under the law.It’s a common misconception that only spouses can be charged with domestic violence. In reality, these charges can stem from violence between:
- Spouses or ex-spouses
- People related by blood (parents, children, siblings, etc.)
- People who have a child together, even if they were never married
- People in a current or former intimate relationship (dating, living together, etc.)
So don’t assume the charges aren‘t legitimate just because you weren’t married or living together. Any abusive situation in a domestic context can potentially lead to criminal charges.If you’re unsure whether your situation qualifies, our Long Island domestic violence attorneys can review the details and explain your options. Get in touch today for compassionate guidance.
Potential Penalties for Domestic Violence in NY
The penalties for a domestic violence conviction in New York can be extremely severe, especially in cases involving physical violence, weapons, or injuries. Potential consequences include:Misdemeanor Charges:
- Up to 1 year in jail
- Probation
- Fines up to $1,000
- Mandatory counseling or treatment programs
- Temporary or permanent orders of protection
Felony Charges:
- 1-25 years in prison
- Probation
- Fines up to $10,000 or higher
- Permanent criminal record
- Loss of certain rights (e.g. firearm ownership, professional licenses)
- Deportation for non-citizens
In addition, a domestic violence conviction – even a misdemeanor – can have devastating collateral consequences like:
- Difficulty finding employment or housing
- Strained personal and family relationships
- Loss of child custody or visitation rights
- Damage to your personal and professional reputation
As you can see, the stakes are incredibly high when facing domestic violence charges. That’s why it’s absolutely critical to have a skilled defense lawyer in your corner, fighting to protect your rights and future.Our Long Island attorneys have successfully defended countless domestic violence cases. Contact us now for a free case evaluation to start building a strong defense strategy.
Potential Defenses Against Domestic Violence Charges
While domestic violence is rightly taken extremely seriously by law enforcement and courts, that doesn’t mean you’re automatically guilty if charged. There are a number of potential legal defenses that may apply to your case, such as:
Self-Defense or Defense of Others
If you reasonably believed that force was necessary to protect yourself or another person from violence or harm, you may have a valid self-defense claim.
False Allegations
Unfortunately, false accusations of domestic violence do sometimes occur, often in retaliation during a divorce or child custody dispute. With the right evidence, these false claims can potentially be disproven.
Lack of Evidence
For a conviction, prosecutors must prove their case beyond a reasonable doubt. If there is insufficient evidence or contradictory testimony, you may be able to get the charges reduced or dismissed.
Violations of Your Rights
If the police violated your Constitutional rights (illegal search, coerced confession, etc.), that evidence may be inadmissible and could severely weaken the prosecution‘s case.
Accidental Conduct
Some alleged “violent” acts were truly just accidents with no criminal intent behind them. This may apply if the incident was due to negligence rather than intentional abuse.
Mutual Combat
If both parties willingly engaged in a physical altercation, you may be able to argue that it was a mutual fight rather than a one-sided domestic violence incident.Every case is different, so the best defense will depend on the specific facts and circumstances involved. That’s why it’s critical to have an experienced Long Island domestic violence lawyer meticulously investigate all the details to identify the strongest defense strategy.Not sure if you have a valid defense? Our attorneys offer free consultations to honestly evaluate your case and explain all your legal options. Get started today.
The Importance of Skilled Legal Representation
As you can see, the consequences of a domestic violence conviction in New York are extremely serious and long-lasting. These charges have the potential to derail your entire life and future.That’s why it’s absolutely imperative to have a highly skilled and experienced Long Island criminal defense lawyer representing you. Choosing the right attorney could be the difference between a dismissal and a lengthy prison sentence.At Spodek Law Group, our domestic violence defense team has successfully handled hundreds of cases just like yours. We know how to strategically navigate the complex laws, rules of evidence, and court procedures to position you for the best possible outcome.But we don‘t just bring legal expertise – we also provide compassionate support through this difficult process. We understand that you may be feeling scared, ashamed, angry, or any number of intense emotions right now. You’re not alone.Our attorneys will take the time to truly listen to your side of the story without judgment. We’ll clearly explain all your options and rights. And we’ll be by your side every step of the way, fighting tirelessly to protect your rights, reputation, and future.Don’t take chances with something as serious as domestic violence charges. Our Long Island domestic violence lawyers are ready to start building an aggressive defense strategy during a free consultation. Contact us online or call 212-300-5196 today.
A Client Success Story
To illustrate the level of commitment and skill our firm brings to domestic violence cases, let’s look at a real client success story:John (name changed for privacy) was a respected professional who was charged with felony domestic violence against his wife after a heated argument allegedly turned physical. He was facing up to 7 years in prison if convicted.The prosecution claimed they had eyewitness testimony and photographic evidence of John’s wife‘s injuries. On the surface, it looked like an open-and-shut case against our client.But our legal team immediately got to work, thoroughly investigating every detail. We were able to obtain surveillance footage that contradicted the alleged eyewitness accounts. We also brought in medical experts who raised doubts about the supposed “evidence” of injuries.As we built a strong case poking holes in the prosecution‘s arguments, they began to see that they would face an uphill battle at trial against our defense strategy. Ultimately, the charges against John were dismissed entirely before the case even went to trial.This is the level of meticulous preparation, strategic thinking, and aggressive advocacy our Long Island domestic violence lawyers bring to every case. We’ll leave no stones unturned in pursuit of the best possible outcome.If you or a loved one has been charged with domestic violence, don’t wait – contact us now for a free consultation and let us start building a winning defense.
Getting an Order of Protection Dismissed
In many domestic violence cases in New York, the alleged victim obtains a temporary order of protection as part of the arraignment process. This order can impose severe restrictions on the defendant, such as:
- Prohibiting any contact or communication with the alleged victim
- Requiring the defendant to stay away from the alleged victim’s home, workplace, etc.
- Revoking firearm licenses or rights
- Ordering the defendant to vacate a shared residence
- Awarding temporary child custody to the alleged victim
While intended to prevent further violence or intimidation, these orders are often issued based only on the alleged victim’s testimony – before the defendant has a chance to tell their side of the story. As a result, they can be incredibly disruptive to the defendant‘s life and relationships.At Spodek Law Group, our Long Island domestic violence lawyers have successfully gotten many of these temporary orders dismissed or modified to be less restrictive. We’ll gather evidence, witness testimony, and any other relevant information to counter the allegations and demonstrate why the order is unnecessary or unfair.If the order does need to remain in place during the case, we‘ll fight to modify it as favorably as possible for our client. Our goal is to minimize the disruption to your life while still ensuring everyone’s safety.Has a temporary order of protection already been issued against you? Don’t panic – contact us immediately and we’ll start working to get it lifted or amended.