Domestic violence cases are often the most challenging and emotionally charged types of criminal cases to defend. As an experienced New York criminal defense attorney, I have handled criminal defense cases including domestic violence cases in New York City, including the Bronx, Manhattan, Queens and Westchester, including White Plains, Yonkers, Scarsdale, Mount Kisco, Greenburgh, Elmsford, New Rochelle, Ossining, Mamaroneck, Rye and Port Chester.
Domestic violence cases usually involve underlying charges of Assault, which is causing an injury, Menacing, which is threatening and aggravated harassment, which is threatening /harassing someone over the phone or email.
Domestic violence cases in New York have complex issues that require experienced criminal defense lawyers. Usually, when the police are called to a domestic incident, the man is arrested, regardless of what actually happened. In fact, in Westchester and in some of the New York City counties, the policy is that the police actually must make an arrest, if called, even if it is evident that the complaint is bogus. In many cases, after an argument women will make false allegations or exaggerate what happened out of anger. Additionally, there is often a secondary gain motive, where a couple is going through difficult times, to accuse the husband of domestic violence. Women know that once there is an allegation of domestic violence, there will be an order of protection, which prohibits the husband from going near the home. So with a bogus allegation of domestic violence in New York, the women gets the house because of the order of protection and the children by virtue of the order of protection which keeps the husband away from the home.
Another common charge involved in domestic violence cases is criminal contempt. The usual scenario is that an order of protection will be issued, then the wife will see the husband somewhere or lie about seeing him somewhere and call the police.
Aggressive representation is necessary in these circumstances. Often, the local police departments will release the accused with a desk appearance ticket. The time period between the issuance of the desk apearance ticket and the first court appearance is essential. Once someone accused with a domestic violence charge appears at the first appearance in Court on a domestic violence charge, the Court will issue an order of protection. Between the desk appearance ticket and the first court appearance, we can get a statement with the real story, which will often contradict the allegations which were made.
If you are facing a domestic violence charge in New York City, including the Bronx, Manhattan, Queens or Westchester, including White Plains, Yonkers, Scarsdale, Mount Kisco, Greenburgh, Elmsford, New Rochelle, Ossining, Mamaroneck, Rye and Port Chester, call the New York and Westchester domestic violence lawyers. For over a decade our New York criminal defense attorneys have handled the criminal defense needs of the New York city and Westchester communities.