NYC Domestic Violence Against a Wife Lawyers
Oftentimes a domestic violence crime will happen between a husband and a wife. While the husband has occasionally been the victim, more often than not, it’s more common for the wife to be the victim of these crimes. Domestic violence classifies under a broad spectrum, and you have everything from rape, assault, stalking, strangulation to menacing and harassment. Sadly, there have been cases where the wife gets severely injured or even killed by the husband.
Quick to Arrest Those Accused
New York has a widespread problem with domestic abuse, and because of this, they will often jump to arrest a person who has been accused of it. If you were convicted even of some of the less serious crimes under domestic abuse, you could still find yourself facing prison time. You may even have to abide by a restraining order that has been filed by your wife. Lastly, you could wind up paying fines and end up with a criminal record, which can make getting a job more difficult.
Is It Always That Easy?
These things aren’t always as easy as what they might seem. Just because you get arrested and charged with domestic abuse doesn’t always mean that the court will find you guilty. You have plenty of defenses you can make with a qualified attorney, and it will give the prosecutor no choice but to drop your charges or lower the sentence. In some cases, you may even be acquitted after the trial. Call Federal Lawyers to learn more about this. If you have been accused of domestic violence against your wife, you should contact us immediately.
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(212) 300-5196Sex Crimes
Even if you happen to be married, you should understand how you can still be arrested for committing a sex crime against your wife. If you had sex without her consent, it classifies as a form of domestic violence. New York Penal Law has several different forms of sex crimes, but the most common factor is that the sexual contact made it a crime because of no consent. If you had sex with your girlfriend, partner, wife or roommate without consent, you could face several different sexual assault charges. Even if you happen to be dating the person or have a marriage with them, sex without their consent means you have committed an act of domestic violence.
Assault
New York has probably seen the most domestic violence cases having something to do with assault. They’re the most common. Whenever you have negligently injured your wife or assaulted her, it means you could be charged with domestic violence. Even if you didn’t intend to hurt her, you could still be charged. You have several different types of offenses that relate to an assault. For example, if you assault your wife with the intention to cause serious harm, you could face second-degree assault charges. Many times this form of assault involves the deadly use of a weapon like a knife or a gun. Although truly, this weapon could be anything.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
After a heated argument, your wife called the police and told them you pushed her during the dispute. You were arrested and charged with assault, and now there is an order of protection preventing you from returning to your own home or contacting your wife, even though she wants to drop the charges.
Can the charges be dropped if my wife doesn't want to press charges, and how do I get back into my home?
In New York, domestic violence cases are prosecuted by the District Attorney's office, not the alleged victim — so even if your wife wants to drop the charges, the prosecution can proceed without her cooperation under New York Penal Law § 120.00 (Assault in the Third Degree) or related statutes. The order of protection issued under Criminal Procedure Law § 530.12 is a court order that only a judge can modify or lift, regardless of your wife's wishes. An experienced domestic violence defense attorney can file a motion to modify the order of protection to allow limited contact or re-entry to the home, and can build a defense strategy that may include challenging the evidence, witness credibility, or pursuing an adjournment in contemplation of dismissal (ACD) under CPL § 170.55. Acting quickly is critical because violating the order of protection — even with your wife's consent — is a separate criminal offense under Penal Law § 215.51 that can result in additional felony charges.
This is general information only. Contact us for advice specific to your situation.
If you have been arrested and charged with domestic violence, it’s important that you do everything you can to protect yourself. Federal Lawyers understands the ins and outs of these laws, and they will use senior lawyers to help your case. Perhaps you have been charged with a crime that you didn’t even commit. This can sometimes happen when married couples fight and one becomes spiteful. If this is the case, you need someone who’s fully qualified to protect you from conviction. Our lawyers will comb through the different laws and circumstances that can help to have a charge against you dismissed.
