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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Domestic Violence Crimes: Aggravated Family Offense

The state of New York takes the commission of alleged crimes seriously and has many legal consequences for people who are repeat offenders. For example, we’ve seen many domestic violence cases come into our office that seem simple enough on the surface, but the person has had previous offenses that qualify him or her to be accused of this additional crime: Aggravated Family Offense.

Explanation of Aggravated Family Offense
Let’s say that you are a person who has committed one of the following crimes in the previous five years, as defined in statute, and, of course, the calculation of the five years before this arrestwould exclude any times when you were incarcerated.

You could be hit with this charge if you had been convicted of crimes such as:

  • Assault in the Third Degree – Section 120.00
  • Reckless Endangerment in the Second Degree – Section 120.20
  • Stalking in the Fourth Degree – Section 120.45
  • Sexual Misconduct – Section 130.20
  • Strangulation in the Second Degree – Section 121.12
  • Rape in the First Degree – Section 130.35
  • Forcible Touching – Section 130.52
  • criminal Tampering in the Third Degree – Section 145.14

Understanding the Victim or Complainant’s Position
You are reading this page because you or someone you know has been accused of domestic violence (DV). This offense is something that is brought as a charge against you because it was related to the current alleged “victim.” Remember, that New York State takes a wide view of what constitutes a family and what constitutes “domestic violence.” People could be potential victims of your domestic violence charge because they lived with you at one point in time, were intimately involved with you at least once, or had children in common with you but never lived with you. Because of the broad definitions of these types of concepts in the Empire State, you need to explore and define the nature of your relationship to the present “victim” with your Domestic Violence attorney. Don’t assume that just because you weren’t related by blood, marriage, or another domestic relationship, you would not be subject to this charge.

**The Victims Don’t Have to Be the Same Person**

It’s very important to note that New York Penal Law 240.75(3) does not require your new alleged offense to be against the same individual who was the “target” in your previous conviction (described above). The two “victims” don’t even have to be people who knew each other or who resided in the same home.

Protecting Yourself During This Case
There are related issues to consider when you have been accused of an Aggravated Family Offense. The maximum sentence that you could receive upon conviction of this crime is four years in prison because it’s a Class “E” felony. The presiding judge will also have to take steps to protect the person who has complained against you, or the alleged “victim.” This means the judge will need to grant an order of protection agains this “victim” until the entire case is resolved. If you violate this order of protection, then the prosecutors (or District Attorneys) in the case can also bring more charges against you, including criminal Contempt. You could end up facing more jail time than you would if you had stayed away from the “victim” until your case was completed. Furthermore, the District Attorney will typically ask the presiding judge for higher bail in your case. Greater bail is designed to make it harder for you to get out of confinement until the trial. Finally, you will expect that having an arrest on your record for potentially committing this offense, or, worse, having a conviction, under the 240.75 law, will affect your employment options in the future. People who are considered foreign nationals can also jeopardize their ability to legally stay in this country.

Take Action Today to Resolve Your Aggravated Family Offense Charge
When you are initially arrested in this kind of Domestic Violence matter, you want to believe that your innocence will protect you. However, anything that you say in a statement to the police, the prosecutors, or the judge could hurt your case. It could even make you “guilty” when you weren’t. It’s important to contact a licensed attorney and get legal advice on New York criminal defense matters like these ASAP. Contact us at the Spodek Law Group for more information today!

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
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