Being accused of a domestic violence crime can be an emotionally draining experience. To ensure that you have the best chance to fight back, it is important to recognize when legal help should be sought out from experienced criminal defense attorneys serving clients in Silver Maples NY who work with their clients and families so they get the most protection for their rights.
Defining Domestic Violence:
New York State has “Mandatory Arrest” laws regarding Domestic Violence, meaning that the police must make an arrest when they encounter a domestic violence situation. This can be assault, menacing, harassment, stalking (and other crimes). What makes something a crime is the nature of relationship between complainant and defendant; therefore New York state considers these offenses as ‘domestic’ because it arises out of situations where there are family or household relationships involved with either party.
- Current or former spouses;
- Current or former intimate partners, including same-sex couples or teens in a dating relationship;
- Persons with a child in common, including adopted children; Persons related by marriage (in-laws, etc);
- Persons related by blood (siblings, parents, etc.)
One exception to the Mandatory Arrest law is when both people are alleged to have committed certain crimes know as misdemeanors. In such instances, the police must identify the “primary aggressor” and arrest only that person.
Also, Violation-level offenses, such as harassment, are not subject to Mandatory Arrest.
How do you know if you need a domestic violence defense attorney?
Domestic violence charges are serious and can carry long-term consequences from the most serious of jail time, to job loss, monetary losses, and visitation with your children. When you hire a criminal defense attorney that is familiar with the dynamics of domestic violence cases, you not only have a better chance at obtaining a favorable outcome in your case but of not committing mistakes that can make your case worse such contacting the person after you are served with an Order of Protection. An experienced domestic violence attorney can negotiate a plea to a lower charge or even a dismissal – which will seal your record. An experienced lawyer is aware of alternatives to sentencing and will work with the Prosecutor to get you help over jail time.
What should you look for in a domestic violence defense attorney?
When you’re trying to choose the right lawyer for your case, it’s important to choose someone who can help you manage the stress of the legal process and protect your rights. You should look for an attorney who is reputable, experienced, and will fight for you and your family. Find out about the attorney’s experience: How long have they been practicing law? How long have they been in your city/town/county? How are their online reviews? How many successfully defended cases of this type have they done? These details will help you establish an accurate picture of the attorney’s reputation and credibility. Lisa Pelosi with over 30+ years’ experience in Criminal Law including being a former Prosecutor handling Domestic Violence Abuse cases will provide an aggressive defense that includes cross-examining the witness(s), challenging the credibility of key pieces of evidence, or simply asking hard questions to establish their position? Lisa will make sure your side of the story is told.
How can you hire the right domestic violence defense attorney for your case?
If you’ve been charged with domestic violence, you need to hire an attorney who understands the ins and outs of your state’s domestic violence laws. The laws in every state are different, so your attorney should be familiar with them. A good domestic violence attorney will know the difference between a misdemeanor charge and a felony charge, and the potential punishments for each. They will spot potential defenses that you may be facing, including the validity of 911 calls and whether physical evidence can be obtained from your ex-partner through a bite mark, visible injury, or blood spatter. They’ll also ensure your rights are followed, protect your civil rights, and help you understand the charges against you. You may be asking yourself how can an experienced criminal defense attorney help me? Well, there are two sides to every story and this is where an experienced domestic violence attorney can be of immense help. An experienced attorney can analyze your situation, identify if the situation is different than how it is being portrayed and then speak with you to help you devise a defense that is best for you. This can help you ensure greater privacy and safety and get an outcome that will help you in the long-term. Additionally, an attorney can defend you in court while providing you with advice to protect yourself in the event that there are additional charges that are filed against you. As a result, if you believe you are being falsely accused of domestic violence, you need the help of an experienced criminal defense lawyer. Lisa Pelosi has a 30+ year track record of helping clients accused of domestic violence crimes, child abuse, assault, sexual assault, and serious violent felonies.
Providing Effective Legal Domestic Violence Defense to Our Hudson Valley Clients
If you’ve been accused of, or even charged with, committing an act of domestic abuse, it is important to understand that the courts and legal system do not take these types of crimes lightly. Charges carry different consequence, you may be facing a simple misdemeanor resulting in a fine, community service or completing a program or acquittal to a felony which can carry a long jail time. In the event you are charged with a domestic assault, you will want to understand the potential consequences as even a misdemeanor can have serious consequences from loss of a job, to loss of children visitations. Lisa Pelosi will be with you every step of the way.
Remember that if you are arrested you are not required to speak to the police. Do not try to explain what happened. The best thing you can do is ask for your attorney, and do not answer any questions or give any statements to the police.