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What to Do if You’re Arrested for Domestic Violence on Long Island
What to Do if You’re Arrested for Domestic Violence on Long Island
Dealing with a domestic violence charge can be scary and overwhelming. You likely have a lot of questions about the legal process and your options. This article provides guidance on working with a domestic violence lawyer on Long Island if you or a loved one is facing charges.
Understanding Domestic Violence Charges on Long Island
Domestic violence refers to physical violence or threats of violence between family members, intimate partners, or individuals who share a household. If the police are called to a domestic dispute and determine that violence occurred, they can make an arrest even if the victim does not want to press charges.
Some common domestic violence charges on Long Island include:
- Assault – Intentionally or recklessly causing injury to another person
- Menacing – Intentionally placing someone in fear of imminent physical injury
- Harassment – Repeatedly committing acts that alarm or seriously annoy someone
- Strangulation – Impeding breathing or blood circulation by applying pressure to the neck
Domestic violence charges can be misdemeanors or felonies depending on the circumstances. Felony charges often apply if a weapon was used or if the victim sustained serious physical injury.
Finding a Domestic Violence Lawyer
Having an experienced domestic violence attorney on your side is critical when facing charges. A knowledgeable lawyer can help protect your rights, guide you through the legal process, and build the strongest defense to fight the charges.
When choosing a domestic violence lawyer on Long Island, it’s important to find someone who specializes in these types of cases. Ask questions about the attorney’s experience handling domestic violence charges in your area, their strategy for defending against allegations, and what results they have achieved for past clients.
It’s also key to choose a lawyer you feel comfortable with. Look for someone who listens to you, answers your questions clearly, and makes you feel supported during this difficult time.
What to Do After an Arrest for Domestic Violence
If you or a loved one is arrested for domestic violence on Long Island, stay calm and take the following steps:
- Cooperate politely with the police but say as little as possible without a lawyer present.
- Contact a domestic violence attorney immediately to discuss your arrest and develop a defense strategy.
- Follow your lawyer’s advice about next steps very closely to avoid accidentally incriminating yourself.
- Begin gathering evidence and identifying witnesses who could help dispute the charges against you.
- Consider contacting a domestic violence counselor who may be able to provide support during this difficult period.
Common Defenses Against Domestic Violence Charges
Skilled domestic violence lawyers have a variety of legal defenses they can use to fight charges on their clients’ behalf. Some options include:
- Self-defense – Arguing that any violence was necessary to protect yourself from harm
- No violence occurred – Disputing the accusations entirely if little evidence exists
- Mistaken identity – Proving someone else committed the alleged acts
- False allegations – Demonstrating accusations were fabricated out of anger, jealousy etc.
- Mental health issues – Highlighting mental illness contributed to the situation if relevant
An attorney can advise if any of these defenses may apply in your specific case.
Charge | Potential Defenses |
---|---|
Assault | Self-defense, no violence occurred, mistaken identity |
Menacing | No threats made, false allegations, mental health issues |
What to Expect at Your Domestic Violence Trial
If a reasonable plea deal cannot be reached in your case, your domestic violence lawyer will take the matter to trial. Key things to expect include:
- The prosecutor presenting their evidence against you first
- Your lawyer cross-examining the prosecutor’s witnesses
- Your lawyer highlighting holes in the prosecutor’s case
- You and your witnesses testifying if beneficial
- Closing arguments from both legal teams
- The judge or jury deciding the verdict
Your lawyer will prepare you thoroughly so you know what to expect during the trial. Listen carefully to their guidance so you can present yourself well on the stand if you choose to testify.
Having an aggressive and strategic legal advocate makes all the difference at trial. The right domestic violence lawyer will highlight every weakness in the charges against you to show reasonable doubt exists and that you should be found not guilty.
Finding Support Throughout the Legal Process
Facing domestic violence charges takes an emotional toll even with quality legal representation. Consider utilizing some of the following resources for extra support during this challenging time:
- National Domestic Violence Hotline – 24/7 phone support and safety planning assistance
- New York Domestic & Sexual Violence Hotlines – Local crisis hotlines across NY offering help
- Domestic Violence Support Groups – In-person and online groups providing encouragement
- New York Victim and Witness Assistance – Help understanding the legal process and your rights
You don’t need to go through this alone. Seek out support services in addition to working with your domestic violence lawyer.
Defending against domestic violence charges and rebuilding your life after an arrest takes time. But with an experienced attorney guiding you and a strong support system around you, getting through the legal process is possible. Focus on taking things one step at a time and know there are knowledgeable professionals ready to help.