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Queens Domestic Violence Lawyers Explain Your Legal Options

March 21, 2024 Uncategorized

Navigating Domestic Violence Cases: Your Legal Options in Queens

Dealing with domestic violence is scary stuff. Believe me, I get it. Trying to figure out your legal options when emotions are running high feels overwhelming. But here’s the thing—there are folks out here who can help. I wanted to give you the rundown on working with domestic violence lawyers in Queens, in case you or someone you care about needs that legal support.

Do I Need a Lawyer?

Short answer? Yes. Domestic violence charges can spiral out of control real quick. Even if you think the claims against you are bogus or exaggerated, you need someone in your corner who knows the law inside out. Queens domestic violence attorneys have seen it all before and can guide you through the chaos.I’m not gonna lie, lawyers aren’t cheap. But not having one can cost you way more in the long run. Like potential jail time, restraining orders that block you from your home, or custody loss if kids are involved. Most lawyers offer free consultations anyway, so you can get pro advice on your situation without commitment.

Finding the Right Attorney

There are tons of lawyers out there, but you want someone who specializes in domestic violence. Ask friends for recommendations if you can. Check out Avvo or Lawyers.com to browse profiles too.Look for lawyers with deep courtroom experience. Like if they used to be Queens prosecutors. That inside knowledge of the system comes in handy. Also verify they have a valid license through the New York State Bar Association.Most importantly, make sure you vibe with them as your advocate and defender. Having a lawyer you trust who “gets” you makes a huge difference.

Common Legal Defenses

When facing domestic violence charges, your attorney’s goal is getting charges lowered or dismissed. Some go-to defenses they may use:

  • False allegations – Your lawyer can argue charges were exaggerated or flat-out fabricated to gain leverage in a divorce or custody case. There’s often little evidence besides “he said, she said.”
  • Mental illness – If the accuser struggles with mental health issues like PTSD, bipolar disorder, or schizophrenia, that could weaken their reliability.
  • Self-defense – If you have injuries or witnesses confirming you were protecting yourself, self-defense is a strong defense.
  • Parental discipline – Spanking a child isn’t automatically abuse. Your lawyer can argue discipline versus crime.

Bottom line, skilled lawyers know how to poke holes in the prosecution’s case. Without solid proof, the case against you crumbles.

Possible Case Outcomes

  • Dismissed charges – If your lawyer successfully argues for dismissal, you walk away with no penalties. Case closed.
  • Plea bargain – Over 90% of domestic violence cases end with plea deals. You plead guilty to lesser charges to avoid harsher sentence risks.
  • Diversion programs – For misdemeanors, first-time offenses, or cases with extenuating circumstances, completing counseling or rehab may lift charges.
  • Trial – If plea deals don’t satisfy and your lawyer is confident in your defense, you may go to trial. Then the judge or jury decides your fate.

Every case is different. Smart Queens lawyers guide you through the pros and cons of each route.

Common Penalties

If convicted of domestic violence, common criminal penalties include:

  • Up to 1 year jail time for misdemeanors
  • 1-7 years prison for class E felonies
  • 3-15 years prison for class D violent felonies

You may also get hit with:

  • Fines between $500 – $10,000
  • Mandatory counseling or rehab
  • Community service
  • Probation lasting 1-5 years
  • Order of protection barring contact with the victim

As you can see, stakes are high. The right lawyer who anticipates moves before they happen is key.

Violating Orders of Protection

Sometimes domestic violence cases involve temporary restraining orders or orders of protection (OP). If the court issues one of these and you violate it, that’s a crime in itself.

  • Penalties for OP violations include fines up to $1000 and jail time up to a year.
  • Second or third violation offenses bump up to felony status.

So tread carefully if an OP is in effect. Strictly follow the rules about contact. Your attorney can advise if unique circumstances allow any exceptions.

Fighting False Allegations

When breakups get nasty, false domestic violence allegations happen. People discover quickly that crying “abuse” is an easy way to gain leverage in custody battles or divorce proceedings.

  • False accusers often lack hard evidence like hospital records. Their affidavit alone can’t convict you.
  • If you lose custody or visitation rights due to bogus charges, appeal ASAP. Family courts may overturn once the truth comes out.
  • Work with your lawyer to prosecute false accusers. Perjury, filing false reports, even extortion are possible avenues.

Standing up to false allegations requires steel nerves and proactive legal defense. Don’t go it alone.

FAQs

What if I can’t afford a lawyer?
Reach out anyway. Many firms work on payment plans or take cases pro bono depending on circumstances.Can I represent myself?
Technically yes, but strongly advise against it. DIY defending against domestic violence charges rarely ends well.What if I’m not a U.S. citizen?
Charges can impact your visa or green card status. Consult an immigration attorney ASAP.What about the kids?
If children are involved, child protective services may start an investigation. You’ll need expert help navigating both the criminal and family court processes.How long until it’s off my record?
Domestic cases can’t be expunged in NY. For misdemeanors, it stays on your record for 10 years. Felonies are permanent.

Takeaways

Man, domestic violence charges turn lives upside down quick. Don’t panic—experienced Queens criminal attorneys are out there ready to help. Whether the allegations seem unfair or you made mistakes, legal pros can guide your next steps.Reach out for a free consultation to understand all your defense options. The system moves fast once the ball starts rolling. You need someone who can keep up. With an attorney adept at exposing flaws in the prosecution’s argument, you stand a solid chance of reduced penalties or dismissed charges.Most importantly, know you’re not alone. It may not feel like it now, but this storm will pass. Things will get better. Stay strong.

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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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