Criminal Defense Lawyers

What to Do if You Are Facing Domestic Violence Charges in Queens

Understanding Domestic Violence Charges in Queens

Dealing with domestic violence charges in Queens can be really overwhelming. Like, it’s totally normal to feel anxious and unsure about what to do next or who to turn to. Just know there are options and people who can help guide you. I wanted to give you a quick rundown on working with lawyers and navigating the legal system if you or someone you know is facing domestic violence charges in Queens.

Finding a Lawyer

The first thing you’ll want to do is find an experienced criminal defense attorney who regularly handles domestic violence cases in Queens courts. Here are some tips on finding the right lawyer:

• Ask friends and family for referrals to lawyers they’ve used before. Word-of-mouth can be super helpful.
• Search online legal directories like Avvo or Lawyers.com to find lawyers with good reviews and ratings.
• Look for lawyers who specifically mention handling domestic violence or criminal defense cases in their bios. Bonus if they focus on Queens courts.
• When speaking to potential lawyers, ask questions about their experience with domestic violence cases, success record, typical fees, etc. to get a feel for the right fit.
• Go with an attorney who makes you feel comfortable and seems knowledgeable, yet is realistic about potential outcomes.

Having an experienced lawyer in your corner can make all the difference in navigating domestic violence charges. Don’t go it alone.

Understanding the Legal Process

The basic legal process for domestic violence cases usually goes like this:Arrest: If police are called to a domestic incident and have probable cause to believe abuse occurred, they can make an arrest immediately. Police will also create an initial police report.Charges Filed: After arrest, charges are formally filed by the District Attorney’s office. Common DV charges include assault, harassment, menacing, and criminal contempt. Charges can be misdemeanors or felonies depending on circumstances.Arraignment: Within 24 hours of arrest, you’ll be brought before a judge for arraignment. This hearing sets bail terms and temporary orders of protection. Having a lawyer here is key.Plea or Trial: Domestic violence cases rarely go to full trial. Most resolve via plea bargain or dismissal after negotiations between the DA and your lawyer. But some cases do go to trial before a judge or jury if no plea is reached.Sentencing or Acquittal: If found guilty via plea or trial, sentencing occurs at a later hearing. Punishments can include fines, probation, counseling programs, or jail time. If acquitted, the case ends.Having an overview of the process can relieve some uncertainty. But each case has unique complexities. An experienced lawyer guides you through each step.

Possible Defenses

There are often viable defenses against domestic violence charges in Queens. Common defenses can include:

• Self-defense – Using reasonable force to protect yourself if the other person was the initial aggressor. Needs evidence like wounds showing you didn’t initiate violence.
• False allegations – When an alleged victim fabricates or exaggerates claims out of anger, jealousy, or manipulation. Your lawyer can question credibility.
• Mental health issues – If mental illness contributed to violent behavior, treatment may be a better option than jail.
• No visible injury – If there is no solid proof of physical harm done, the case could get dismissed. Photos of unharmed alleged victim can help.
• Miranda rights violations – If police didn’t properly read you Miranda rights upon arrest, statements you made could get thrown out.

A skilled lawyer determines if any defenses apply and crafts the best defense strategy for your specific circumstances.

Potential Outcomes

It’s normal to worry about what penalties you might face if convicted of domestic violence charges. Common outcomes can include:

• Diversion programs – For misdemeanors with little or no criminal history, completing counseling programs can lead to dismissal.
• Anger management – Short-term classes teaching violence prevention strategies.
• Probation – A set probationary period involving checking in with an officer, restrictions on behavior, drug/alcohol testing, etc.
• Fines – Monetary fines are common, ranging from a few hundred to a few thousand dollars depending on severity.
• Jail time – Misdemeanors may lead to less than a year in jail. Felonies can involve state prison time over a year.
• Orders of protection – These court orders restrict contact with the victim for a set time period, like 1-5 years. Violating one leads to additional charges.
• Permanent record – Domestic violence convictions remain on your criminal record permanently if not expunged. This can impact jobs, housing, custody, and more.

While scary to think about, your lawyer’s job is to get the best possible resolution with the minimum penalties. Don’t lose hope!

Getting Support

Coping with domestic violence charges takes an emotional toll. But know there are many resources for additional support out there, like:

• Hotlines – Call confidential hotlines like Safe Horizon at (800) 621-4673 to speak with counselors for free.
• Support groups – Join local support groups to connect with others facing similar struggles. Great for advice and motivation.
• Counseling – Seek counseling from therapists, psychologists and social workers to process challenging emotions.
• Advocacy programs – Organizations like Sanctuary for Families offer everything from crisis support to housing assistance.

Don’t be afraid to ask for help. You don’t have to handle this alone. Lean on trusted friends, family and professionals to get the assistance needed.I hope this overview gives you a good starting point for dealing with domestic violence charges in Queens. Remember – stay calm, get an experienced lawyer, and use available resources. With the right support team behind you, the legal process becomes much less intimidating. You’ve got this!

Resources

Articles

• What You Need to Know About Domestic Violence Charges in NY
• Penalties for Domestic Violence in Queens

Videos

• What Happens at Arraignments in Domestic Violence Cases
• A Lawyer’s Advice for Domestic Violence Arrests

Support Organizations

• Safe Horizon Domestic Violence Hotline – (800) 621-4673
• Sanctuary for Families – (212) 349-6009
• New York City Anti-Violence Project – (212) 714-1141