Bronx Domestic Violence Lawyer

Bronx Domestic Violence Attorney

Domestic violence in the state of New York is not a specific charge but instead refers to certain violent criminal charges when they occur between people involved in other close relationships. If you are facing charges related to domestic violence, a Bronx domestic violence lawyer can increase your chances of a successful outcome, whether that means negotiating to have charges reduced or dismissed or representing you at trial.

You don’t have to face domestic violence allegations alone.

Domestic Violence in the Bronx

The Bronx has a reputation for one of the highest rates of domestic violence of any of the boroughs, and recent years have seen an increase. When it comes to domestic violence, many people think of intimate partners, which is a common situation, but it can also include parents, children, siblings, or grandparents, as well as roommates or other people who live together and people who were previously in relationships, like an ex-boyfriend.

In addition, while domestic violence can often include physical violence, there are other kinds of abusive behavior that can qualify as well. Abuse can be emotional, psychological, sexual, financial, or technological.

Several criminal acts can be domestic violence when they occur between people in a close relationship, such as:

• Assault
• Battery
• Burglary
• Disturbing the peace
• Harassment
• Sex crimes
• Stalking
• Theft
• Trespassing
• Vandalism

Penalties for Domestic Violence

Because domestic violence isn’t just one charge, the penalties for related charges depend on the offense and specific circumstances, such as whether the incident is a pattern of behavior, whether the accused has a prior criminal record, and how severely the victim’s life has been impacted by the incident. A conviction may be a misdemeanor or felony and often means steep fines, probation, jail time, or other penalties.

Domestic Violence Restraining Order

It is common for judges to issue orders of protection, commonly called restraining orders, against a person accused of domestic violence to provide enforceable safety for the victim. A protective order does not require being convicted first and can sometimes be issued for a short period with very little evidence, greatly impacting what the accused can and can’t do, including:

• Not injuring, threatening, or harassing the victim, their family, and others listed on the order
• Staying away from them
• Moving out of their home
• Paying child support
• Not having a gun

Orders of protection are enforceable, which means that someone who violates the terms of the order can be arrested and face additional criminal charges, fines, time in jail, and other penalties.

In New York, orders of protection can be temporary or permanent. A temporary order of protection is generally until a court date, and a permanent restraining order, called a Final Order of Protection, can last a year or longer, depending on the circumstances of the case. If charges are dismissed, the order of protection often ends as well. In addition, orders of protection are valid in other jurisdictions, including other US states.

Legal Defense Strategies for Domestic Violence Charges

A strong legal defense can be key to a favorable outcome in a domestic violence case. Each situation is unique, but there are several common legal strategies that may apply when you’ve been accused of domestic violence.

Self-Defense or Defense of Others

If someone has a reason to believe that they are in danger of immediate harm, they have the right to defend themselves. In some cases, this right extends to defending others as well, such as children or other vulnerable people. In these cases, the defendant generally has to present evidence that their belief was reasonable, such as witness testimony or medical records that show the extent of injuries sustained.

Accident

In some cases, the victim’s injuries may be the result of a genuine accident. The defendant must show they lacked intent, they were not engaging in criminal acts, and that the incident happened because of unforeseen events outside their control.

False Allegations

Sometimes, accusers fabricate allegations for revenge or retaliation or to get the upper hand in divorce or child custody cases. A person who makes false accusations can face criminal charges, fines, probation, and jail time.

FAQs

How Much Does a Lawyer Cost for a Domestic Violence Case?

How much a lawyer costs for a domestic violence case depends on several factors. These include the exact charges, the complexity of the case, and the experience of the lawyer. Make sure to ask the attorney about their fees and payment structure when you meet with them at your initial consultation.

How Are Domestic Violence Cases Handled in the Bronx?

The initial response by law enforcement is intended to protect the victim, so a temporary order of protection is often issued quickly. If an arrest is made, the defendant will go through the justice system like any other criminal charge. In some cases, defendants may participate in a diversion program, such as when substance abuse is involved.

Does New York Have a Three Strikes Law?

Yes, New York has a three-strikes law, which is called a persistent felony offender law. This law means that when someone is convicted of a third violent felony, they receive a much harsher sentence, up to life in prison. Domestic violence convictions may count toward the three strikes, depending on the specific charges.

Is Domestic Violence a Misdemeanor or Felony in New York?

Domestic violence can be a misdemeanor or a felony in New York. Since domestic violence isn’t an offense on its own, related charges can be either, depending on the specifics of the incident, such as the severity of harm done and whether the accused has previous violent crime convictions. A qualified criminal defense attorney in The Bronx can give you details about the specifics of your case.

Start Your Legal Defense Now

Courts in the Bronx take domestic violence seriously, and the penalties for conviction can be severe and last long past the court date. You need an experienced domestic violence lawyer to represent you.

The Vitaliano Law Firm has a track record of success in the courtroom and negotiating with prosecutors. If you’ve been accused of or charged with a domestic violence-related crime, contact our office right away to discuss your case.