New York City Domestic Violence Defense Attorney

New York City Domestic Violence Defense Attorney

The New York City Police Department has tough mandatory arrest policies concerning domestic violence. Domestic violence is considered to have taken place when a member of a family or household commits a criminal offense against the other. This means that if you are suspected of domestic violence, even if the facts are less than clear, you may be summarily arrested and prosecuted without a chance to tell your side. After arrest, the court may issue an order of protection that forces you to stay away from any joint residence. The order of protection can be issued early in the case meaning that before you've had an opportunity to clear your name or otherwise fight back against the charges, you may find yourself homeless. Once the prosecution starts, you might be prosecuted even if the victim recants and tells the prosecutor they don’t want to press charges. This is because the District Attorney, in anticipating that many domestic violence victims recant after the arrest, uses ever legal strategy available to continue the prosecution. 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. New York City Criminal Defense Attorney Lance L. Fletcher will review the facts and circumstance of the State’s case, fight the order of protection, explore your defenses such as self defense or justification, and formulate a strategy which will deliver the results that you need. Contact us at (212) 619-3900 for a free case evaluation.

No actual "violence" needed. A large number of domestic violence cases involve only threats, stalking, harassment, and other non-violent accusations. With the rise of texting, email, and social networking, there has been a steady rise in these types of cases. The penalties for misdemeanor stalking, harassment, or other threatening communications is largely the same as for violent misdemeanors. Both types are usually charged as class A misdemeanors which carry a one year jail maximum.

Common Domestic Violence Charges

P.L. 120.00 – Assault in the First Degree
P.L. 110/120.00 – Attempted Assault
P.L. 240.26 – Harassment
P.L. 240.30 – Aggravated Harassment

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