New York City Domestic Violence Defense Attorney
Nearly anyone can be accused of domestic violence. Even if a defendant is acquitted and the accusation is discredited, just being charged with domestic violence can have negative consequences. A domestic violence lawyer is vital because this charge reflects on your character; in New York City, it can cost you fines and jail time, but the greater loss can be the loss of respect from friends, family, and colleagues. A domestic violence charge can also impact:
Employment opportunities
Child custody arrangements
Professional licenses
Your right to own or carry a firearm
Domestic Violence Charges
Domestic violence includes spouse abuse, family violence, intimate partner violence, and more. It doesn’t have to include physical violence; threatening physical violence or inducing fear of personal harm are sufficient to constitute domestic violence, but it always involves two or more people in (or previously in) an intimate 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 New York City criminal defense attorney.
Not an Automatic Conviction
Domestic violence is not an automatic conviction. Sometimes the accusation can be completely discredited. Self-defense and defense of personal property can also be successful defenses in domestic violence cases in New York. But a successful defense requires the skills of an experienced New York City domestic violence defense attorney. New York City domestic violence defense attorney David M. Mirsky is a respected defense attorney with more than two decades of criminal defense experience. He understands the difficult circumstances that a domestic violence charge can create. He will answer your concerns, explain the domestic violence laws, and develop a defense strategy to achieve the best possible result.
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.
Hire a New York City Domestic Violence Defense Attorney
At The Mirsky Law Firm, we’re New York City domestic violence defense attorneys who don’t back down. We stand by your side and fight for your rights. We understand the pain that you can go through and the sense of devastation that a domestic violence charge can bring. We want to help you keep your freedom and get control of your life back.
Selecting the right criminal defense attorney substantially affects the result of your case. Any good criminal defense lawyer will protect your rights and craft a plausible defense, but if you’re charged with domestic violence, you need a leading firm with recognized expertise and proven skill in fighting prosecutors and trying cases. New York prosecutors and judges know our tenacity. In New York City, the superior choice is the Mirsky Law Firm. Call our New York City domestic violence defense attorneys or fill out the form in the left column on this page, and we’ll arrange for a free evaluation of your case and suggest the best course of legal action. Don’t risk your future! We believe in our clients and work hard for each of them. Call us at 516-299-6187 or 888-999-7152 today.
