Staten Island Domestic Violence Attorney
In Staten Island, domestic abuse is a serious crime that is punished harshly. If you have been charged with New York domestic violence, you may be wondering what penalties you could potentially face and how to find a trusted, well-known Staten Island domestic violence lawyer.
At The Vitaliano Law Firm, our criminal defense lawyer is highly experienced and can work with you to craft a defense for your domestic violence case. We are aware of the impacts that such a charge of abuse can have on your life, and we are here to help you minimize the damages. A domestic violence attorney from our firm can lend a compassionate ear and provide you with critical legal advice to help you take the next steps forward.
Penalties for Domestic Violence Charges in New York
In the state of New York, domestic violence is seriously criminalized and penalized. New York has some of the strictest domestic violence laws in the United States, cracking down on domestic abuse-related offenses. These penalties can vary, however, depending on:
- The duration of the crimes
- The level of injury
- Whether a weapon was used
- Whether there were previous offenses
Some of the penalties that you can face if charged with domestic violence in Staten Island are:
- Time in Prison: Domestic violence cases can be categorized as either felonies or misdemeanors, and this depends on how severe the offense was. If the crime is considered a misdemeanor, it can lead to a maximum of 1 year in prison. A felony offense can lead to many years spent in jail.
- Large Fines: The amount of money that you might have to pay, in addition to jail time, depends on the severity of the crime committed. However, this range can be anywhere from hundreds of dollars to thousands of dollars in fines.
- Time on Probation: While probation is not jail, in that you are not forced to live and spend your time in another facility, you are still largely confined to your home with sweeping restrictions on your freedoms. If you are required to be on probation, you will have to regularly check in with an officer, and you may also have to complete other programs, including community service projects or counseling sessions.
- Restraining Orders: Restraining orders are also known as protective orders, and they block the offender from being in touch with the victim or being within a certain distance of them for a certain period. These are commonly issued in domestic violence cases.
- Criminal Record: If you are found guilty of domestic violence charges, this offense will go on your criminal record. This can impact you for years to come, as it will affect your access to housing, higher education, and employment opportunities.
New York law surrounding domestic violence cases is complex, and it’s important to know where your particular case stands and the potential penalties that you are facing. To better understand your situation, and the implications that it may have for your future, it is highly advised that you get in touch with a Staten Island criminal defense lawyer.
Possible Defenses to New York Domestic Violence Charges in Staten Island
Being charged with domestic violence crimes in New York does not automatically mean that you are guilty or even prosecuted. There are several defense strategies that can be employed to protect you and your rights, such as:
- Claiming That the Accusations Are False: If you can prove that the individual accusing you of domestic violence is bluffing or exaggerating, then you may be able to get the case dropped or your penalties minimized.
- Proving That You Were Defending Yourself: If you can show the court that you acted in a certain way to defend yourself or others from impending danger, this can serve as a strong way to defend your case.
- Pointing Out a Lack of Evidence: In domestic violence cases, the prosecution must have enough evidence to prove that the allegations were actually carried out. If your lawyer can show that there is not enough evidence to prove the accusations, then your charges could be dropped.
- Claiming That There Was Consent: Sometimes, in domestic violence cases, the accuser has been shown to have actually consented to some of the actions or behaviors carried out by the accused.
- Maintaining That There Was No Intent to Cause Harm: In domestic violence cases, the prosecution must prove that the accused explicitly wanted to cause harm. A form of defense can include showing that there was a lack of intent.
- Having a Sound Alibi: If you can prove that you were absent at the time of the supposed incident by using evidence such as texts or GPS data, then you can use this as a defense.
If you are unsure about how to build a strong defense against the domestic violence charges that you are facing, it is strongly advised that you hire a New York criminal defense attorney who can help advise you on what tactics to use.
Domestic Violence Lawyer FAQs
Q: What Qualifies as Domestic Violence in New York?
A: In New York, domestic violence is considered any behavior that is abusive or intimidating in an intimate relationship. An intimate relationship can be defined as one between people who are:
- Family members
- Individuals who are living in the same home
Domestic violence can range from physical abuse to financial abuse.
Q: Can the Alleged Victim Drop Charges in a Domestic Violence Case?
A: In New York, once the charges have been filed, it is not possible for the accuser to drop the domestic violence charges. The only individual who can get the charges dropped is the prosecutor, but before they do so, they must consider all the facts and evidence regarding the case.
Q: Can I Be Deported for a Domestic Violence Conviction?
A: If you are convicted on domestic violence charges, this can have serious implications for your immigration status. You may face deportation, lose your chances of eventually becoming a citizen, and be banned from coming into the U.S. or returning to the U.S. if you leave. Therefore, it is critical to hire a criminal defense lawyer who is also knowledgeable about immigration matters.
Q: What Evidence Is Used in Domestic Violence Cases?
A: In domestic violence cases, much evidence is needed to prove that a domestic violence incident happened beyond a reasonable doubt. Such evidence may include:
- Statements from witness interviews
- Photographs of injuries and damage
- Texts and other correspondence
- Broken items
- Medical records
Any evidence that bolsters the case can be used.
Fight Back: Secure the Defense You Need Today
Facing domestic violence charges can be an extremely challenging and emotional time. A Staten Island criminal defense attorney from The Vitaliano Law Firm can take care of all the legal details of your case so that you can focus on moving forward. Contact us today.