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Queens Domestic Violence Lawyers
When you think of domestic violence in Queens, you shouldn’t think of one specific type of crime associated with the charge. Because there are different definitions associated with this crime, you usually can’t be charged with just domestic violence. The definition of domestic violence relates to any kind of violent act toward a family member or who have a familial connection. You could also have an intimate relationship with someone else to be charged with a domestic violence crime. Some of the common types of violence that go along with this crime include stalking and harassment.
A common component of domestic violence is harassment. This is any type of behavior that is annoying to the other person. It’s also done to alarm the victim or intimidate that person. Physical contact that doesn’t involve touching can be included in the charges. Another part of harassment charges can involve filing reports against the other person that are false. You could also receive harassment charges if you repeatedly call, text, or send messages in other formats to the other person.
You could face sexual assault charges pertaining to a family member or your partner. When you make the decision to engage in sexual intercourse with the other person or any kind of other sexual activity but without that person’s consent, then you could face sexual assault in relation to a domestic violence charge. Rape is among the charges that you could face in this situation. It is possible to have this kind of charge rape or sexual assault even if you’re married.
If you make the decision to harm the other person in the relationship in any way, then you can face assault as it relates to domestic violence. The act doesn’t have to be intentional. It could be something that you do accidentally. The only thing that needs to be present in order for you to receive criminal assault charges is negligence or some kind of recklessness that causes harm to the other person. In Queens, there are various assault charges that you could face depending on the injuries caused to the other person and whether there were any weapons involved or not. First-degree assault could involve shooting your partner while a second-degree charge would be kicking your partner in the stomach. Shoving another person or harming someone in a minor way would be considered third-degree assault. The injuries that the other person has will often indicate the specific charge that you face as well as the type of sentence that you could receive.
When you are involved in an activity that causes a risk of any kind of injury to the other person, then you can be charged with reckless endangerment. Aside from committing an act of violence, the prosecution usually has to prove that you showed no respect for the life of another person or that your actions could have caused the death of the other person.
Sometimes, you might think that it’s alright to follow someone around or monitor the person’s mail and other information. This activity could result in being charged with stalking. First-degree stalking is the most serious charge. The prosecution would need to show that you did something to instill some kind of fear in the other person in order for stalking charges to hold up in court.
There are a few different factors that the court will look at when determining your sentence. Your criminal record is one of them as well as how closely you’re tied to the community. An attorney can assist in determining whether there was intent behind the domestic violence act or if you committed the crime without intent.
Don’t deal with Queens Domestic Violence Lawyers alone. Speak to the Spodek Law Group today.
Queens Domestic Violence Lawyers
Jail is the last place you thought you end up the last time you stepped into your home. But that is what has happened. You have been arrested and are being charged with domestic violence. This has thrown your whole world into chaos, you feel a great deal of confusion and uncertainty, which means you are vulnerable to saying something that may make your legal situation quite bad.
Couples argue. Everyone who is in a marriage or domestic living relationship of any kind knows that disagreement and conflict are an inevitable part of such an arrangement. Sometimes things go too far, sometimes the passion and verbal heat of the moment leads to a physical explosion.
Things may have gotten out of hand between you and your partner, but that does not mean that you engaged in any abusive, violent, or forceful act against her. This is the legal standard of domestic violence, and it is the one that the state has to prove your actions meet.
After your arrest and the subsequent attempts to elicit a statement from you, it will seem that you did do what you are accused of. The prosecutorial system is designed to fit up the person they think is most likely to have committed the crime. Prosecutors are not really interested in hearing your side of the story. Their main aim is to get you to turn in evidence against yourself. In complete violation of the Fifth Amendment, which gives you the right not to do so, they will pressure you into self-incrimination.
You need a lawyer. Not just any lawyer, but a lawyer who specializes in domestic assault cases. Such a professional will possess the knowledge, skill, ability, and experience to guide you through what is a most difficult situation.
Competent legal counsel is the right of every individual in this country. You should make no statement without the advice of your lawyer. It is important to keep things in perspective. You were only arrested and charged. The state has yet to prove anything. And domestic violence is not at all easy to prove, despite what they may want you to believe. There is a mass of evidence to sort out. Your attorney will review, analyze, and come to conclusions about it. These will differ from the state’s evaluations and conclusions. This will open up room for doubt, which is the best means of getting an outcome that is favorable to you.
It is not always necessary to actually go to trial. These can be messy and expensive affairs, and they are best avoided if possible. Before things go any further you may want to make a direct approach to your accuser. Heated exchanges can lead to words and actions that both parties regret. Now that her temper has cooled and things have settled down a bit she may no longer be interested in pursuing the domestic assault case. This is more likely to be her attitude if the two of you have children.
You can work through your attorney to broker a solution in which your partner drops her assault charges. This can be a very delicate matter, so you want the person who does it to have the right expertise, sensitivity, and experience.
No matter what direction the case ultimately takes, you should have access to a lawyer who knows how to get results, who knows the law and know how to employ it in your favor. Domestic assault is not the kind of mark you want on your record. It is important to do what is necessary to prevent a conviction.