Brooklyn Domestic Violence Defense Attorney

domestic violence defense attorney

Almost anyone can be accused of domestic violence. Even if a defendant is later acquitted and the accusation is discredited, merely being charged with domestic violence carries negative consequences. A domestic violence charge reflects on your character; in Brooklyn, it can cost you fines and jail time, too, but the greater loss is the loss of respect from friends, family, and others who matter to you. A domestic violence charge can also negatively impact:

  • Career opportunities
  • Your right to carry or own a firearm
  • Child custody provisions
  • Professional licensing eligibility

Domestic Violence Charges

Domestic violence doesn’t necessarily mean physical violence; threatening violence or inducing fear are legally enough to constitute domestic violence, but it always involves two or more persons in (or once in) an intimate personal relationship.

New York state specifically defines domestic violence as a pattern of abuse, which could include physical, psychological, emotional, sexual, and economic abuse, with the intent of maintaining power and control over the victim.

Whatever form it takes there are repercussions. Not only can individuals convicted of domestic violence in New York face serious jail time, the loss of certain rights, a life of state sponsored supervision and restrictions, and the scrutiny of family and friends, so too can they face the loss of custody of their children.

No matter what two adults think about each other, nothing should prevent a parent from having a relationship with his or her child.  However, New York courts place heavy importance on the safety and well being of children and are well within their rights to prevent a parent from seeing his or her child if evidence suggests that the parent is prone to violence or abusive behavior, whether or not the violence or abusive behavior is directed at the child.

If you’re facing domestic violence charges, contact an experienced Brooklyn domestic violence defense attorney.

False Allegations

Sometimes, arguments between two people who share a home can become so heated that one or more parties may invent false accusations in a moment of anger and desperation. Unfortunately for the person accused of these allegations, the situation can turn into a case of “he said, she said” pretty quickly.

When false accusations are made, individuals accused of domestic violence are advised to not make any statements to investigating police and to allow police to conduct their own investigation without providing any statements or answers to questions. This may result in having to spend a night or two in jail, but at least the accused won’t give any ammunition to the false accuser or investigating police that can be used against the accused in court.

Even when the accusation is false, the police will not recognize a complaint from you against your accuser. Law enforcement considers post-arrest complaints “retaliatory” even if true. Don’t waste time. It’s imperative that evidence is immediately identified and secured. Every moment that passes may mean you are losing your opportunity to prove your innocence.

Why You Need An Attorney

The law is something that is very fact specific.  While statutes and regulations seek to control certain antisocial behaviors for the greater good, the circumstances surrounding each accusation will also be taken into account and weighed by the court in determining culpability.  Despite the fact that defendants are welcome to represent themselves in criminal court, anyone facing the serious charge of domestic violence is highly encouraged to let an experienced attorney handle all aspects of the defense.  Attorneys are experienced and trained at presenting legally viable arguments to the court that laymen may not realize they can argue in their defense.  For example, what if the defendant acts in self-defense?  Or walks in on a shocking scene that would shock most reasonable people?  Or acts under a mistaken belief of facts?  All of these questions and more represent the many nuances of criminal law that can weigh heavily on the outcome of a charge for domestic violence.

Another benefit to partnering with an attorney to defend against charges of domestic violence is that the attorney will be able to explain any of the questions that a defendant might have about the criminal process, chances of success, and the charges involved in non-legal, simple to understand terms.  Simply having an understanding of what is going on and what is at risk can do wonders for helping a person face their legal issues calmly and rationally.

Criminal court seeks to protect society as a whole from behavior that our society has deemed “anti social”.  When a wrong is committed, the public asks that the wrongdoer answer for his or her anti social behavior, regardless of how any specific victim feels on the matter (victims are, however, afforded the opportunity to comment on how they feel the court should respond).  Even if the supposed victim has made it clear that he or she does not want to see the accused “get in any trouble,” the accused should still partner with an criminal defense attorney because the state may bring charges on behalf of the public at large.

But a winning defense requires the skills of an experienced Brooklyn domestic violence defense attorney. David M. Mirsky is a respected Brooklyn domestic violence defense attorney with more than twenty years of experience representing clients in New York’s legal system. He knows about the complicated circumstances that a domestic violence case can create. He will address your concerns, help you understand the domestic violence laws, and design a defense strategy that achieves the optimum possible result.

Hire a Brooklyn Domestic Violence Defense Attorney

David Mirsky will put the law back on your side. He provides a strong, aggressive defense for clients accused of domestic violence and domestic violence-related charges. He will question the witnesses, evaluate the facts, and provide a persuasive, powerful defense while steadily defending your rights and working for the best end result. Most public defenders care little about the facts of your case; they only want to move you through the process proficiently. You want a domestic violence defense attorney who will not judge you, who takes your calls personally and handles your case himself.

At The Mirsky Law Firm, we stand firmly by your side and battle aggressively for your rights. We know the suffering that you can go through and the devastation that a domestic violence charge can bring. We want to help you get control of your life back and keep your freedom. Prosecutors and judges in Brooklyn know our persistence. In Brooklyn, the superior Brooklyn domestic violence defense attorney choice is the Mirsky Law Firm. Call us or complete the form in the left column on this page, and we’ll arrange for a free assessment of your case and suggest the best legal options. We believe in you and in every one of our clients. Call us at 516-299-6187 or 888-999-7152 today.