NYC Domestic Violence Lawyers

| by Max Soni

Last Updated on: 2nd October 2023, 05:32 pm

Unfortunately, the domestic violence in New York City has reached unprecedented levels in recent years, and many high profile cases have even dominated the media. Law enforcement and law enforcement agencies have been under ever-increasing pressure to aggressively go after and prosecute the individuals responsible for domestic violence. Before we begin, you should understand how domestic violence acts as a blanket term to describe any crime that involves romantic relationships, people in the same family and those who live in the same house.

The Types of Domestic Violence

You have many different types of domestic violence that include:

• Harassment
• Stalking
• Assault
• Murder
• Rape

These are only some of the crimes included. Victims of domestic violence could be a boyfriend, girlfriend, wife or husband. It could also include housemates, children or relatives of the family. Domestic violence is obviously a problem, but in the mob’s zeal to punish those responsible, prosecutors have unfortunately not always gotten it right. For example, you have cases where people have been wrongfully charged with domestic violence. If this has happened to you, we recommend that you call Spodek Law Group at 888-742-6939 for a free consultation. We will take actions that vigorously defend you from serious criminal charges.

The Definition of Domestic Violence

New York law defines domestic violence under a broad term. This basically means you can’t be arrested and charged with domestic violence because it’s a crime that happens with people who are related, or they have a social relationship like living together, dating or being married. For something to be classified as a domestic abuse crime, it means violence between family members or people who live in the same household. When a victim suffers a serious injury due to this crime, it normally happens with the male as the perpetrator, but there have been cases where the woman was the aggressor. Unfortunately, cases where the woman was responsible don’t always get reported, nor are they always taken seriously.

Disorderly Conduct

One of the most common domestic abuse charges that someone will face, disorderly conduct happens when another individual acts violent to someone else in a public setting. For example, maybe you had an argument with your girlfriend or wife in public. The argument grows louder and physical violence ensues. In this case, both or one of the individuals will be likely to face disorderly conduct charges. Under N.Y. Pen. Law § 240.20, disorderly conduct classifies as more of a violation than a law.

Aggravated Harassment and Harassment

Both of these classify as common charges that relate to domestic violence. It happens most often when harassing someone involves violent behavior toward the other person. It could also involve shoving, hitting, kicking or other violent physical contact that is unwarranted. Harassment turns into aggravated harassment when it has involved the use of written or an electronic form of communication like letters or the telephone. Sometimes defendents will face multiple charges like second-degree aggravated harassment for calling or texting, and letters to the person.

If you face charges for domestic violence, you need someone well versed in this field of law to defend you. Spodek Law Group has more than 40 years of experience, and they are available 24 hours a day to answer questions and schedule a free consultation. We understand the ins and outs of domestic violence cases, and we have the ability to help you get the case against you dismissed. When you work with us, you will work with one of our qualified senior attorneys.

NYC Domestic Violence and Assault With a Knife Lawyers

To be arrested, taken from your home, and charged with assault can be terribly perplexing, especially if you have not done anything wrong. Emotions can run high in the course of an argument with your partner. Indeed, you may have been on bad terms with her for some time. You may think you know her, you may think that she would never go so far as to call the police and accuse you of a crime you could not possibly commit. But this is what has happened, and you must act fast in response to it.

If you have been charged with domestic violence and assault with a knife, your first call should be to a criminal defense attorney. The lawyers at the Spodek Law Group have the experience and expertise you need to get you out of the situation. You may be tempted to rage at the authorities and your partner. But none of that will help. If you have been taken into custody, then you must assume that they mean to prosecute and convict you.

You must put aside, for a moment, the fact that you have not committed a crime and devote your energies to building up your legal defense. It is important that you not say a word to the authorities until your lawyer arrives. The police may say that speaking to them will work in your favor; that it will clear the matter up faster. But this is simply not the case. Their aim is to coax you into waiving your Fifth Amendment right not to incriminate yourself, and you must not take the bait. Even a comment or statement that seems harmless may help them convict.

The penalties for domestic violence and assault with a knife are severe. Depending on whether you have any previous convictions, and the severity of the assault you’ve been charged with, you could get anywhere from 2 years to life in prison. Even if you receive a relatively light sentence, you will have a criminal record if convicted. This will become public record, and it may prevent you from getting a job or even renting an apartment.

You do not want to risk prison and the ruin of your life for something you did not do. The state must prove its case; they must produce strong evidence that you have assaulted your partner with a knife. The job of your attorney is to compel them to do so. Your attorney will scrutinize all statements and all evidence presented by the authorities. If it is weak and circumstantial, they will press to have you released and the charges dropped.

If you have in fact committed domestic abuse and assaulted your partner with a knife, you still require sound and effective legal counsel. Again, you should say nothing until you have had a chance to speak to a lawyer from the Spodek Law Group. You do not want the full weight of the law to come down on you without a defense.

Your case may seem hopeless. You may be absolutely convinced that police and prosecutors have everything they need to convict and ensure that you get the maximum penalty. But there are various strategies your lawyer can employ, especially if it is a first offense. The lawyers at the Spodek Law Group know people in the prosecutor’s office. They may be able to cut a deal that lessens the severity of your sentence. In some instances, it may be possible for you to avoid jail time and heavy fines.

The bottom line is to know your rights and get the help of a legal team that has proven its effectiveness.

NYC Domestic Violence Against a Girlfriend Lawyers

If there is any kind of violent act or even the threat of a violent act between two people who are involved in a relationship, then it’s considered domestic violence. These relationships could range from a parent and a child to roommates. Many of the victims of domestic violence are girlfriends of the person who is charged with the crime. Harassment, sexual assault, and strangulation are among the actions that take place in domestic violence situations when a girlfriend and significant other are involved. If a girlfriend makes a claim against you about any kind of domestic violence act, then officers are often quick to make an arrest and ask questions later. This means that you should have an attorney in mind to contact so that you can provide a clear statement about what happened when you go to court. If you are convicted of domestic violence, then the consequences can be severe including several years in prison and high fines.

One domestic violence charge that is among the most common is disorderly conduct. An example would be getting into an argument with your girlfriend while you are in a public place and someone sees the incident. You could then be charged with domestic violence because your girlfriend, who is a female, is the victim. Disorderly conduct involves any act that is performed in public, such as loud arguing, cursing, or committing any kind of threatening behavior against the other person. Keep in mind that disorderly conduct is a violation instead of a felony or misdemeanor, but you usually still need to go to court to settle the charges against you.

If at any time you act in an annoying manner toward your girlfriend after being told to stop, then you can be charged with harassment as a part of domestic violence. These acts include following your girlfriend, shoving, or striking in any way. Aggravated harassment involves making phone calls, sending letters, or sending repeated emails among other activities that are done so in a repetitive manner after being told to stop. Sexual abuse and misconduct can also be included in domestic violence charges. These charges can include forcing your girlfriend to engage in sexual acts that she does not want to take part in or having sex with your girlfriend after she says no, which can constitute as rape if penetration occurs. If penetration does not occur, then you would likely be charged with sexual abuse. If your girlfriend tells you no, is mentally incapable of denying sex, or is physically incapable of denying sex and you still force her to commit the act, then you can be charged with rape and domestic violence. Endangerment is also considered domestic violence because you put your girlfriend’s life in danger because of an act that you commit. A common type of domestic violence is stalking. This included online stalking and even approaching family members or friends to get information about her. Any action that causes your girlfriend fear can usually be constituted as domestic violence in the state.

NYC Domestic Violence and Assault Lawyers

There are several domestic violence and assault crimes that are laid out in the New York Penal Law. If you recklessly or intentionally harm another person, it’s likely that you’ve committed one of these crimes. If the victim is either a family member or a person you’ve had a relationship with at one point, this is considered domestic violence in addition to assault.

The assault charge you’re up against will be based on the specifics of your case, including your intent, if you used an object, the type of object you used, and the injuries to the victim. The more serious the victim’s injury, the more serious the assault charge will be. Assault charges are also possible if you forced the victim to engage in a sexual act.

The more serious assault charges are punishable by several years in prison. If you’ve been charged with assault or domestic abuse, it’s important to contact a skilled criminal attorney who can represent you.

Consequences

If you’re convicted of assault, and if domestic violence is part of the assault, your sentence will most likely include jail or prison time. It’s also possible that you’ll have to pay a fine or fees; that the sentence will include restitution; and that you’ll have to agree to probation or supervision upon being released from prison. The type of crime, along with your criminal history, will go into determining whether or not you have to spend time in jail.

For a Class A misdemeanor, the penalties include up to one year in jail and up to $1,000 in fines. A Class E felony comes with a maximum prison sentence of four years and a maximum fine of $5,000. A Class D felony includes a maximum sentence of seven year in prison, plus a fine of up to $5,000. A Class C felony includes a maximum prison sentence of 15 years, plus a maximum fine of $5,000. A Class B felony means a maximum prison sentence of 25 years and a fine of up to $5,000.

Probation

It’s possible that probation will be part of your sentence if you’re convicted of assault. However, note that this is not likely if the charge is for a misdemeanor or if your sentence does not include incarceration. If you do get probation, the term will be three years for a misdemeanor or five years for a felony. If you committed a sex offense, these terms will be doubled. If you receive both imprisonment and probation, the terms are concurrent. That means that if you get five years of probation and four in prison, the first four years of your probation will be served in prison, and you’ll have one year of probation left once you get out.

Hire a Lawyer

If you’ve been charged with assault in relation to domestic abuse, it’s important to hire a lawyer right away. You could lose everything, including your family, your career and your freedom. A skilled lawyer will be able to present your case in the best light possible so that you get the lightest sentence you can.