Should You Hire a Lawyer for a Domestic Violence Charge in New York?

By max@dotcomlawyermarketing.com
July 6, 2024
10 min read
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Should You Hire a Lawyer for a Domestic Violence Charge in New York?

If you're facing a domestic violence charge in New York, you may be wondering if you really need to hire a lawyer. The short answer is: YES, you absolutely should hire an experienced criminal defense attorney. Domestic violence charges are extremely serious in New York and can have devastating consequences for your future if not handled properly.At Spodek Law Group, we have extensive experience defending clients against domestic violence charges throughout New York. We understand how stressful and overwhelming these situations can be. Our team of skilled attorneys is here to protect your rights and fight for the best possible outcome in your case.

Why Domestic Violence Charges Are So Serious in New York

Many people underestimate just how serious domestic violence charges are treated by prosecutors and courts in New York. Even a misdemeanor domestic violence conviction can have major repercussions, including:
  • Jail time
  • Hefty fines
  • Mandatory anger management classes
  • Loss of gun ownership rights
  • Difficulty finding employment or housing
  • Immigration consequences for non-citizens
  • Damage to your reputation and relationships
And felony domestic violence charges carry even more severe penalties, with potential prison sentences of several years.New York takes an especially aggressive stance on prosecuting domestic violence cases. Prosecutors often pursue charges even if the alleged victim doesn't want to press charges or recants their story. Once charges are filed, it can be very difficult to get them dropped or reduced without skilled legal representation.

Key Reasons to Hire a Lawyer for Your Domestic Violence Case

Here are some of the most important reasons why you should hire an experienced criminal defense attorney if you're facing domestic violence charges in New York:

1. Protect Your Constitutional Rights

From the moment you're arrested or charged, you have important constitutional rights that need to be protected. An experienced lawyer will ensure law enforcement and prosecutors don't violate your rights, such as:
  • Right to remain silent
  • Right to an attorney
  • Protection against unreasonable searches and seizures
  • Right to due process
We'll carefully review the circumstances of your arrest and all evidence to identify any constitutional violations that could get evidence thrown out or even lead to dismissal of the charges.

2. Build a Strong Defense Strategy

There are often many potential defense strategies in domestic violence cases. An skilled attorney will thoroughly investigate the allegations and evidence to determine the best approach for your specific situation. Some common defense strategies we may pursue include:
  • Lack of evidence
  • Self-defense
  • False accusations
  • Violation of your rights by law enforcement
  • Mistaken identity
  • Consensual act between partners
We'll leave no stone unturned in building the strongest possible defense for your case.

3. Negotiate with Prosecutors

In many cases, we're able to negotiate with prosecutors to get charges reduced or even dropped before going to trial. As former prosecutors ourselves, we understand how the other side thinks and what arguments are most likely to be persuasive. We have a strong track record of securing favorable plea deals for our clients.

4. Represent You in Court

If your case does go to trial, you want an experienced trial lawyer by your side. We have extensive courtroom experience and know how to effectively present your case to a judge and jury. From jury selection to cross-examining witnesses to delivering compelling opening and closing arguments, we'll fight aggressively for your rights at every stage of the trial.

5. Minimize Consequences

Even if conviction can't be avoided, a skilled lawyer can often help minimize the consequences you face. We'll advocate for alternatives to jail time, like probation or counseling programs. We'll also work to protect your gun rights, employment prospects, and immigration status to the fullest extent possible.

6. Navigate the Complex Legal System

The criminal justice system is extremely complex, with many procedural rules and deadlines that must be followed. Missing a deadline or failing to file the proper motions can seriously damage your case. We'll handle all the legal complexities so you don't have to worry about making a costly mistake.

7. Provide Peace of Mind

Perhaps most importantly, having an experienced lawyer on your side provides invaluable peace of mind during an incredibly stressful time. We'll explain the process, answer all your questions, and keep you informed every step of the way. You can rest easier knowing you have a dedicated advocate fighting for your rights and future.

Common Domestic Violence Charges in New York

There are several criminal charges that fall under the umbrella of domestic violence in New York. Some of the most common include:
Charge Classification Potential Sentence
Assault Misdemeanor or Felony Up to 1 year (misdemeanor) or 25 years (felony)
Aggravated Harassment Misdemeanor Up to 1 year
Stalking Misdemeanor or Felony Up to 1 year (misdemeanor) or 7 years (felony)
Menacing Misdemeanor or Felony Up to 1 year (misdemeanor) or 7 years (felony)
Strangulation Felony Up to 7-15 years
Criminal Contempt Misdemeanor or Felony Up to 1 year (misdemeanor) or 4 years (felony)
The specific charge and potential penalties depend on factors like:
  • Severity of the alleged abuse
  • Use of a weapon
  • Extent of injuries to the victim
  • Prior convictions
  • Violation of an order of protection
An experienced attorney can explain exactly what charges you're facing and the potential consequences in your specific case.

What to Expect in a New York Domestic Violence Case

If you've been charged with domestic violence in New York, here's a general overview of what you can expect in the legal process:

Arrest and Booking

The process typically starts with an arrest, either at the scene of an alleged incident or later based on a complaint. You'll be taken to the police station for booking, which includes fingerprinting and photographs.

Arraignment

Within 24 hours of arrest, you'll have an arraignment hearing where the charges are formally presented. The judge will set bail and may issue a temporary order of protection.

Grand Jury (for felonies)

For felony charges, the case must be presented to a grand jury within 6 days of arrest (if you're in custody). The grand jury will decide whether there's enough evidence to formally indict you.

Pre-Trial Hearings

There may be various pre-trial hearings to address issues like admissibility of evidence. Your lawyer can file motions to dismiss charges or suppress evidence at this stage.

Plea Bargaining

Your attorney will likely engage in plea negotiations with the prosecutor to potentially get charges reduced or dropped. Many cases are resolved through plea deals.

Trial

If a plea agreement isn't reached, your case will go to trial. A jury will hear evidence from both sides and determine whether you're guilty beyond a reasonable doubt.

Sentencing

If convicted, the judge will determine your sentence based on the specific charges and circumstances of your case.Having an experienced lawyer guide you through this complex process is absolutely crucial to protecting your rights and achieving the best possible outcome.

How We Can Help with Your Domestic Violence Case

At Spodek Law Group, we have a proven track record of successfully defending clients against domestic violence charges throughout New York. Here are just a few ways we can help with your case:
  • Thorough investigation: We'll carefully investigate all aspects of the alleged incident, interview witnesses, and gather evidence to build a strong defense.
  • Strategic defense planning: Based on the specific details of your case, we'll develop a customized defense strategy aimed at getting charges reduced or dismissed.
  • Aggressive negotiation: We'll leverage our experience and relationships with prosecutors to negotiate for the most favorable plea deal possible.
  • Skilled trial representation: If your case goes to trial, we have the courtroom experience to present a compelling case to the jury and aggressively cross-examine the prosecution's witnesses.
  • Protection of your rights: We'll ensure your constitutional rights are protected at every stage and file motions to suppress any evidence obtained illegally.
  • Minimizing consequences: Even if conviction can't be avoided, we'll fight to minimize jail time and other penalties to protect your future as much as possible.
  • Guidance and support: We'll clearly explain the process, answer all your questions, and provide the support you need during this difficult time.
Our attorneys have handled countless domestic violence cases and know how to navigate the complexities of New York's legal system. We have the skills, experience and dedication to achieve the best possible outcome in your case.

Why Choose Spodek Law Group?

When facing serious domestic violence charges in New York, you need a law firm with the right experience, resources and commitment to get results. Here's why Spodek Law Group should be your choice:
  • Extensive experience: We've successfully defended thousands of clients against domestic violence and other criminal charges throughout New York.
  • Former prosecutors: Many of our attorneys are former prosecutors, giving us valuable insight into how the other side builds cases.
  • Aggressive advocacy: We fight relentlessly to protect our clients' rights and achieve the best possible outcomes.
  • 24/7 availability: We're available around the clock to address your concerns and handle any emergencies that arise in your case.
  • Personalized attention: You'll work directly with experienced attorneys who give your case the individual attention it deserves.
  • Proven results: We have a strong track record of getting charges reduced or dismissed for our clients.
  • Resources: We have the staff and resources to thoroughly investigate your case and build the strongest possible defense.
  • Reputation: We're respected by judges and prosecutors throughout New York for our professionalism and skilled advocacy.
When your future is on the line, don't settle for anything less than the best legal representation. At Spodek Law Group, we have the experience, skills and dedication to achieve the results you need.

Contact Us for a Free Consultation

If you're facing domestic violence charges in New York, don't wait to get experienced legal help. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation about your case. We'll review the details of your situation, explain your options, and show you how we can help protect your rights and future.Remember, the prosecutor is already building a case against you. The sooner you have a skilled defense attorney on your side, the better your chances of a favorable outcome. Call us now to get started on your defense.

Conclusion

Domestic violence charges in New York are extremely serious and can have devastating consequences for your future if not handled properly. Having an experienced criminal defense attorney on your side is absolutely crucial to protecting your rights and achieving the best possible outcome.At Spodek Law Group, we have the skills, experience and dedication to provide aggressive and effective representation for your domestic violence case. We'll fight tirelessly to get charges reduced or dismissed and minimize the impact on your life. Don't face these serious charges alone - contact us today for a free consultation about your case.Remember, your future is at stake. Make the smart choice and get the experienced legal help you need from Spodek Law Group. Call us now at 212-300-5196 to get started on your defense. We're available 24/7 to take your call and start protecting your rights immediately.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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