Domestic Violence Charges New York City And Westchester Domestic Violence Lawyers
Domestic violence cases are often the most challenging and emotionally charged types of criminal cases to defend. Our experienced New York city and Westchester criminal defense attorneys, have decades of experience in handling the defense of domestic violence cases in New York City, including the Bronx, Manhattan, Queens and Westchester, including White Plains, Yonkers, Scarsdale, Mount Kisco, Greenburgh, Elmsford, New Rochelle, Ossining, Mamaroneck, Rye and Port Chester.
Our Westchester and Manhattan domestic violence attorneys have decades of experience in representing men charged with domestic violence. We know that once a woman calls the police, they automatically take her side, and believe what ever she says. If you were arrested for domestic violence, you need a strong advocate on your side. Our domestic violence lawyers know that these types of charges are easy to make and hard to defend. We know that there is often exaggeration in the woman’s account and that they are fraught with ulterior motives, such as getting an order of protection, so she can get you out of the house and get an upper hand in a pending divorce. Our domestic violence defense lawyers, will work to expose the allegations for what they are, often unfounded allegations. Even if you did act, in a moment of anger, and put your hands on her, often, it was because of provocation and the level of injuries are almost always exaggerated. Our attorneys have the experience to expose these fabrications and exaggerations, and make sure that you are treated fairly in the process. We can often get the charges reduced, even if you did put your hands on her.
Our criminal defense attorneys recommend that you protect yourself at all times. If she starts acting erratically and is trying to bait you into an argument, record her with your cell phone, so our criminal defense lawyers can show the jury and prosecutor, how crazy she is and what she is capable of.
Domestic violence cases usually involve underlying charges of Assault, which is causing an injury. Our domestic violence attorney thoroughly review evidence and can expose inconsistencies. For example, when a charge of assault is alleged, and there is no injury, there is no assault and at best, the only sustainable charge is a violation level harassment. If there is no hospital visit and no photographs showing an injury, there is a high likelihood that an assault case can not be proven against you.
Menacing, which is threatening and aggravated harassment, which is threatening /harassing someone over the phone or email. If you have been accused of domestic violence and abuse in White Plains, NY, or Westchester County, New York, you must contact a Westchester County Domestic violence attorney right away, at (914) 574-8330. If you were arrested in New York City for domestic violence, call our Manhattan domestic violence attorneys at (212) 858-0503.
General Information:
Domestic violence cases in New York have complex issues that require experienced criminal defense lawyers. Usually, when the police are called to a domestic incident, the man is arrested, regardless of what actually happened. In fact, in Westchester and in some of the New York City counties, the policy is that the police actually must make an arrest, if called, even if it is evident that the complaint is bogus. In many cases, after an argument women will make false allegations or exaggerate what happened out of anger. Additionally, there is often a secondary gain motive, where a couple is going through difficult times, to accuse the husband of domestic violence. Women know that once there is an allegation of domestic violence, there will be an order of protection, which prohibits the husband from going near the home. So with a bogus allegation of domestic violence in New York, the women gets the house because of the order of protection and the children by virtue of the order of protection which keeps the husband away from the home.
Another common charge involved in domestic violence cases is criminal contempt. The usual scenario is that an order of protection will be issued, then the wife will see the husband somewhere or lie about seeing him somewhere and call the police.
Aggressive representation is necessary in these circumstances. Often, the local police departments will release the accused with a desk appearance ticket. The time period between the issuance of the desk appearance ticket and the first court appearance is essential. Once someone accused with a domestic violence charge appears at the first appearance in Court on a domestic violence charge, the Court will issue an order of protection. Between the desk appearance ticket and the first court appearance, we can get a statement with the real story, which will often contradict the allegations which were made.
If you are facing a domestic violence charge in New York City, including the Bronx, Manhattan, Queens or Westchester, including White Plains, Yonkers, Scarsdale, Mount Kisco, Greenburgh, Elmsford, New Rochelle, Ossining, Mamaroneck, Rye and Port Chester, call the New York and Westchester domestic violence lawyers. For over a decade our New York criminal defense attorneys have handled the criminal defense needs of the New York city and Westchester communities. Our White Plains Domestic violence lawyers have been representing victims of domestic violence in White Plains, NY, and Westchester County New York for decades. Call (914) 574-8330 or (212) 858-0503 for a Free Consultation.
Our Manhattan and White Plains criminal defense and civil rights lawyers are dedicated to defending men charged with domestic violence and can keep an accusation from ruining your life.
What Happens If The Victim Doesn't Cooperate
Our Westchester and NYC criminal defense lawyers know that spouses or girlfriends often embellish a story or flat out lie, to have their husband arrested, and then won’t come to Court because they know they are lying. For misdemeanor cases, the complaining witness has to sign a supporting deposition. If they refuse, the case has to be dismissed. For felony cases, the complaining witness has to testify before a grand jury. If they do not testify before the grand jury within six months, the case has to be dismissed. Likewise, our criminal defense lawyers know that every criminal defendant has the right to confront their accuser, so if the complainant doesn’t come to Court for a trial, the case has to be dismissed.
Is Domestic Violence a Misdemeanor Or A Felony?
The specific charges that individuals are facing aren’t defined by the fact that they are domestic violence charges. If somebody were charged with assaulting their wife, they would be facing domestic violence assault charges. The terminology would be used to define their relationship. It would have all of the same factors as regular assault charges as to whether or not something would be a misdemeanor or a felony. So whether a weapon was used and the extent of the injuries that the victim suffered. So generally, if there is a less serious injury, it will be a misdemeanor, and if there was a weapon used, or there was a more serious injury, it will be a felony assault charge.
What Is The Process For Domestic Violence Charges in Westchester County, NY
Our Westchester County criminal defense lawyers know that domestic violence is more or less an umbrella that cases are put under, but in Westchester domestic violence cases tend to be assigned to a domestic violence Court and are handled by prosecutors who mainly handle domestic violence cases. The Integrated Domestic Violence Court it in the White Plains Courthouse and handles domestic violence cases that arise throughout Westchester County, including Port Chester, White Plains, Yonkers and Greenburgh, among others. So regardless of whether you were arrested in White Plains, Yonkers, Hartsdale, Scarsdale or Rye, your case will likely be transferred to the domestic violence court in White Plains.
Does The Alleged Victim Have To Show Physical Injury In A Domestic Violence Case?
The alleged victim does not necessarily have to show physical injury in a domestic violence case. For example, an alleged victim merely telling an officer that they were punched in the face is sufficient to charge somebody with assault in New York State. That is a sufficient basis in the eyes of the police to make an arrest. This leads to issues where people can be arrested when there is a significant lack of evidence that an assault ever occurred. When that happens, the individual who has been accused of these charges has a built in defense where they can show the lack of injury. Injury is a necessary component for a conviction in an assault charge. The lack of injury can be very damaging to the prosecution’s case, and can be very fruitful for the defense. However, police departments typically will make an arrest, even if they can’t substantiate the injury. Since our White Plains domestic violence lawyers also handle personal injury cases, we know a lot about medicine and can effectively challenge whether an injury rises to the level of an assault and through our knowledge of medicine, can expose when an injury is being fabricated to justify an assault charge.
What Happens If The Alleged Victim Recants Allegations Of Assault?
It is not uncommon for alleged victims of domestic violence to recant their previous accusations against the defendant, usually, it is because they were lying or exaggerating in the first place. Where an alleged victim recants their story, that can have a significant impact on a case. Our New York City and Westchester domestic violence defense lawyers know that is extremely difficult to prove a domestic violence case if the alleged victim does not wish to cooperate with law enforcement and refuses to testify. In that case, you have a very good chance of getting an extremely favorable disposition, and possibly even dismissal of the charges. Our White Plains domestic violence lawyers have even seen instances where an alleged victims reach out to us directly to tell us that they have spoken to the District Attorney’s office, and explained that their initial account of what happened was less than truthful.
If that is the situation, it can be very good case for the Westchester criminal defense attorney and for the defendant, in terms of getting the most favorable outcome for their charges and for their case. However it doesn’t necessarily mean that the case will be dismissed. The District Attorney’s office is not required to dismiss a case if the alleged victim changes his or her story and says that the initial account they gave to law enforcement was inaccurate.
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 354-3809. You can also request a case review online
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