If you have been arrested in New York City for a domestic violence crime, it is important to understand what your rights and options are. Being charged with a domestic violence crime can have serious consequences. Depending on the severity of the charges, you could face imprisonment (up to 1 year for misdemeanors), probation, mandatory counseling, community services, as well as having an order of protection issued against you that may prevent you from communicating with your loved ones.
The District Attorney’s Office in New York is a strong prosecutor of domestic violence cases. This is because they want to make sure that alleged perpetrators are punished for their actions. In order to do this, they have to prosecute these cases aggressively.
This means that they will often charge the accused even if the victim recants their statements. This is because the District Attorney has to assume that a lot of victims will change their story, either out of fear or love, or economic reasons. In these circumstances, the District Attorney is able to use every legal strategy they can think of to continue the prosecution.
The differences between assault and domestic violence charges are critical to building a strong defense against these types of charges. Understanding these differences can help you craft a stronger defense and increase your chances of winning your case.
Getting charged with a domestic violence offense can be a terrifying and stressful experience. It can involve a loss of your freedom, home, and employment. Moreover, the case can also result in your losing a passport if you are unable to secure an order of protection from the court.
In many cases, the victim of a domestic violence crime will recant their statements after an arrest. They do this for many reasons, including fear or love, economic reasons, or because they have been threatened. In some counties, the Assistant District Attorney (ADA) will call the victim / complaining witness and ask them whether they wish to proceed with criminal charges. In other counties, the ADA will move forward with the case regardless of the complaining witness’s wishes.
If a victim does not wish to press charges, the ADA will still charge them unless they have enough evidence to prove that they did not commit a crime. Usually, this is done by using prior statements the accuser made to the police in which they detailed the crime.
Typically, the most aggravating factor in a domestic violence case is an assault. However, there are other aggravating factors as well, such as stalking, kidnapping, and sexual assault.
In addition, prosecutors will look at the fact that the victim has a previous criminal record or a history of domestic violence before making their decision. They will also consider any other factors that might impact your case. Ultimately, your best bet is to have an experienced domestic violence lawyer by your side when facing a domestic violence charge in New York.
Under New York Domestic Violence Laws, a person who has been accused of committing or threatening to commit a crime of violence against a spouse, parent, child, sibling, or someone living in their household can receive an Order of Protection. This type of order is also called a restraining order, and it can be issued in criminal court or in family court.
In order to obtain an Order of Protection, you will need to petition the court for one. The judge will need to take your statement and look at the papers you have filed. At that time, the judge will either grant your request or deny it. If your petition is denied, you can file another one in the same court.
You can even get a temporary order of protection while you wait for your case to be heard. This will prevent the abuser from coming within a certain distance of you.
The only exception to this rule is that if the accused person lives outside of New York State, the court may not have “personal jurisdiction” over him or her. This means that you can’t go to that state to seek an Order of Protection against him or her.
A person who has been convicted of an offense against a spouse, parent, or child is entitled to have a protective order against that person. The orders can be obtained from the courts in the same jurisdiction where the offender was convicted.
In many cases, these orders can stop the abuser from going to the victim’s place of employment, or even from coming near the victim’s home or apartment. This can be a huge relief to the victim.
However, these orders can come with severe consequences if the accused person breaks them. A violation of an order of protection can result in a misdemeanor or felony charge.
An order of protection can also stop an alleged abuser from being able to purchase or have access to guns. In some states, such as New York, this is legal, and the courts will have to decide whether it’s in the victim’s best interests to require that the accused surrender his or her firearms.
If you’re a victim of an Order of Protection in New York, you can always hire an experienced New York order of protection lawyer to fight for your rights and freedom!
The court will only grant an order of protection if you can prove that you have a reasonable fear for your safety. This can be based on things like previous incidents of violence, threats, or a history of drug or alcohol abuse.
Once the court grants an order of protection, it will send a copy of it to you and the respondent. The order will also include a date when the respondent must come to court. The court will also give you a number to call in case of any issues with the order.
Whether you are charged with an assault or other domestic violence crime, you need a reputable Suffolk County Domestic Violence Attorney who will fight to protect your rights and reputation. Having been accused of a domestic abuse offense can have life-changing consequences. It can have an impact on your employment, education, and insurance. It can also affect your criminal record and driving privileges.
It is not uncommon for people to be charged with domestic violence offenses without realizing the full consequences of such allegations. They may think that the incident was simply a result of a disagreement blown out of proportion and that they have done nothing wrong. They do not realize that such a charge can have significant, long-term effects on their lives, especially if it is a felony.
If you are falsely accused of domestic violence, it is important to retain an experienced New York domestic violence attorney who can help you secure an alibi and challenge the evidence against you. In addition, an attorney can provide you with valuable legal advice and guidance.
An effective domestic violence defense strategy involves proving that you were acting in self-defense. Using this type of evidence can have a profound effect on your case and could lead to the dismissal of charges or a lower charge.
If you or someone you know has been charged with a domestic violence offense, it is crucial to have the best representation possible. An experienced Suffolk County domestic violence attorney will be able to examine the facts of your case and develop a strong defense strategy that could have a substantial impact on the outcome of your case.
A good domestic violence defense attorney will also know how to make the most of your initial court appearance, which is called the arraignment. During this hearing, the judge will decide whether or not to grant you an order of protection, which can keep the person who made the allegations away from you.
Depending on the circumstances of your case, the judge may issue an order that prohibits you from communicating with the individual who made the allegations or from visiting them at their home. This can have a dramatic effect on your life and your ability to live near the individuals you care about.
In some cases, the judge will also order you to stop contacting the individual who has accused you of being a domestic violence offender. This can have a devastating effect on your relationship with the individual who has accused you and could also have a negative impact on your child custody and visitation rights.
If you have been charged with a domestic violence offense in Suffolk County, NY, you are facing serious legal penalties and the potential for jail time. It is essential to speak with an experienced Suffolk County domestic violence attorney as soon as possible after you have been arrested and charged with this crime.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060