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What Legal Defenses Work in Queens Domestic Violence Cases?

March 21, 2024 Uncategorized

What Legal Defenses Work in Queens Domestic Violence Cases?

Dealing with domestic violence charges can be really tough, it’s a scary situation that nobody wants to go through. But don’t worry, there are legal defenses that could help get the charges dropped or reduced. This article will give you the lowdown on some common legal defenses used in Queens domestic violence cases.

False Allegations

Unfortunately, false allegations of domestic violence do happen sometimes. Maybe your partner was trying to get revenge or gain an advantage in a divorce/custody case. If you can prove the allegations are false, that’s a solid defense. Some evidence that could help:

  • Lack of physical injuries
  • Contradictory statements from the accuser
  • Witnesses who saw no abuse occur
  • Past false allegations by the accuser

Of course, proving a false claim isn’t easy, but a good domestic violence lawyer will know how to make that case.

Self-Defense

If you were legitimately defending yourself or others from violence, that could justify your actions. To claim self-defense, you generally need to show:

  • You reasonably believed force was needed to prevent injury
  • You used no more force than necessary
  • You didn’t start or escalate the confrontation

Having things like photos of injuries you suffered can really help prove self-defense. But be careful, this defense has limits – you can’t claim self-defense if you were the initial aggressor.

Defense of Others

Similar to self-defense, you may have a valid defense if you used force to protect someone else from domestic violence, like your kids or a family member. The same basic rules apply – your actions had to be reasonable and proportional to the threat.

Lack of Evidence

In some cases, there just isn’t enough solid evidence to prove a domestic violence charge. If it’s just your word against your accuser’s with no other proof, that could create reasonable doubt. Things that could undermine the evidence:

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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.
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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!
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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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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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.
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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!
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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.
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2024-03-12
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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.
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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.
  • Inconsistent statements by the accuser or witnesses
  • Lack of physical evidence like photos or medical records
  • Issues with how evidence was collected or stored

A skilled lawyer will look for any holes or weaknesses in the prosecution’s case to argue there’s insufficient proof.

Violations of Your Rights

If the police or prosecutors violated your constitutional rights during the investigation or arrest, that could get some evidence thrown out or even the whole case dismissed. Some examples:

  • Illegal search and seizure
  • Lack of probable cause for an arrest
  • Failure to read you your Miranda rights
  • Obtaining statements or confessions through coercion

These violations have to be pretty clear-cut, but they can make a huge difference if proven. Your lawyer will carefully review how your case was handled.

Insanity or Diminished Capacity

In rare cases, a defendant’s mental state at the time of the incident could provide a defense. With an insanity defense, you’re arguing you didn’t understand your conduct was wrong due to a severe mental illness or defect.

More commonly, a defendant may claim diminished capacity – that their mental abilities were impaired enough that they couldn’t form the required criminal intent for the charge. Factors like intoxication, trauma, or intellectual disability could potentially support this.

These are very hard defenses to prove, but they may reduce a charge or sentence in some situations.

Other Potential Defenses

Depending on the specifics of your case, other legal defenses could apply too:

  • Accidental conduct
  • You were misidentified as the perpetrator
  • The alleged victim consented to the conduct
  • You were acting in defense of property

The bottom line is that every case is unique. An experienced domestic violence defense lawyer will explore all potential avenues to get the best possible outcome.

Resources

Here are some additional resources on domestic violence cases and legal defenses:

Key Takeaways

  • Common legal defenses in domestic violence cases include false allegations, self-defense, lack of evidence, and rights violations.
  • The strength of a defense depends heavily on the specific facts and circumstances of the case.
  • An experienced domestic violence defense attorney is crucial to identify all potential defenses and build the strongest possible case.

I hope this overview gives you a better understanding of how domestic violence cases can be defended in Queens. Just remember, every situation is different, so don’t take anything here as definitive legal advice. If you’re dealing with charges, your best move is to consult a qualified domestic violence lawyer ASAP to go over your options.

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