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Can I Get the Charges Dropped in a Queens Domestic Violence Case?

March 21, 2024 Uncategorized

Can I Get the Charges Dropped in a Queens Domestic Violence Case?

Dealing with domestic violence charges in Queens can be super stressful, right? Like, you’re probably feeling all kinds of emotions and have no idea what to do next. But don’t worry, we’ve got your back. In this article, we’ll break down everything you need to know about getting those charges dropped or reduced in a Queens domestic violence case.

Understanding Domestic Violence Charges in New York

First things first, let’s talk about what exactly domestic violence means in the eyes of the law. In New York, domestic violence is defined as any crime committed against a member of the same family or household. This can include:

  • Physical abuse (hitting, shoving, etc.)
  • Sexual abuse
  • Stalking
  • Harassment
  • Threats of violence

Depending on the specifics of your case, you could be facing misdemeanor or felony charges. And trust me, you don’t want a conviction on your record – it can seriously mess up your life in all kinds of ways.

Factors That Can Help Get Charges Dropped

Now, let’s get to the good stuff – how to potentially get those pesky charges dropped or reduced. Here are some key factors that could work in your favor:

Lack of Evidence

If the prosecution doesn’t have solid evidence against you, like eyewitness testimony or physical proof, it’ll be way harder for them to make their case. A skilled domestic violence lawyer can poke holes in a weak case and potentially get the charges tossed.

Self-Defense

If you were acting in self-defense or defending someone else, that could be a valid legal defense. Of course, you’ll need to prove that the force you used was reasonable and necessary to protect yourself or others.

Lack of Injury

In some cases, if there’s no physical injury or the injury is minor, the prosecutor might be more willing to drop or reduce the charges, especially if it’s a first-time offense.

Recanted Testimony

Sometimes, the alleged victim might recant their testimony or refuse to cooperate with the prosecution. While this doesn’t automatically get the case dismissed, it can seriously weaken the prosecution’s case and make them more open to a plea deal or dropping charges.

Working with a Skilled Domestic Violence Attorney

Okay, so those are some factors that could help your case, but here’s the real deal – your best bet is to work with an experienced domestic violence attorney in Queens. A good lawyer will:

  • Carefully review all the evidence and look for holes in the prosecution’s case
  • Advise you on the best legal strategy, whether that’s fighting the charges or negotiating a plea deal
  • Represent you in court and advocate for your rights
  • Work to get the charges reduced or dismissed if possible

Don’t try to go it alone – domestic violence cases can get super complicated, and you don’t want to risk a conviction on your record.

Potential Outcomes and Consequences

Alright, let’s talk about what could happen if you’re convicted of domestic violence charges in Queens. The potential consequences can be pretty serious, including:

  • Jail or prison time (especially for felony charges)
  • Fines and court fees
  • Probation or parole
  • A permanent criminal record, which can impact employment, housing, and more
  • A restraining order or order of protection
  • Loss of child custody or visitation rights

Yeah, it’s not a pretty picture. That’s why it’s so important to fight the charges and do everything you can to avoid a conviction.

Resources and Additional Reading

Want to learn more about domestic violence cases in Queens? Check out these helpful resources:

And remember, if you’re facing domestic violence charges in Queens, don’t hesitate to reach out to a skilled attorney who can protect your rights and give you the best chance at a favorable outcome.

Final Thoughts

Dealing with domestic violence charges is never easy, but you don’t have to go through it alone. With the right legal representation and a solid defense strategy, it might be possible to get those charges dropped or reduced. Just stay strong, keep your head up, and remember – you’ve got this.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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