Domestic violence crimes are serious charges that can lead to jail or prison sentences and a tarnished reputation. The long-term consequences of a conviction can follow you for the rest of your life, which is why securing the services of a Brooklyn domestic violence lawyer is critical for improving your chances of a favorable outcome in your case. A criminal defense attorney in Brooklyn can fight your charges and work to get your side of the story across in court.
Facing domestic charges in Brooklyn can leave you battered and uncertain about the future. The Vitaliano Law Firm is led by a dedicated and knowledgeable criminal defense attorney who doesn’t shy away from taking on complicated criminal cases. Our founding attorney is a former prosecutor who understands the prosecutorial tactics used by the state and how to fight those tactics.
From the moment you secure representation from our firm, you’ll be in experienced hands. Our lead attorney can work to scrutinize the evidence being used for you. By systematically chipping away at the state’s case, our criminal defense attorney can lay the groundwork for dropped or reduced charges. If prosecutors decide the move forward with your case, our lawyer can work to secure a favorable plea bargain agreement or a favorable trial outcome.
The act of committing domestic violence is highly criminalized in New York, and prosecutors often seek harsh penalties, even for first-time offenders. New York has some of the harshest domestic violence laws in the country. The penalties you face for a domestic violence charge can vary based on:
Domestic violence crimes are categorized as felonies or misdemeanors. A misdemeanor charge can lead to jail sentences, large fines, restrictive probation terms, and restraining orders that prevent the defendant from contacting the victim or coming within a certain distance from them.
Felonies carry more serious penalties, including the possibility of multiple years of prison time. Felonies can also result in heavy fines and lengthy probations that can include restrictions on firearms possession and usage. Beyond the initial penalties served following a conviction, anyone convicted of domestic violence could find securing housing and employment challenging.
Being charged with a domestic violence crime does not mean that you will ultimately be convicted or face serious penalties. A criminal defense attorney can develop a defense strategy that works to protect your rights and weaken the prosecution’s case against you.
One strategy is to prove that the accusations are unfounded and false. One way to prove your innocence could involve questioning whether any crime occurred. If the accusations are based on allegations from the victim and there is no proof that a crime happened, prosecutors would be unlikely to prove guilt beyond a reasonable doubt.
Sometimes, prosecutors use scare tactics to intimidate defendants into accepting unfavorable plea bargain agreements even when there is no substantial evidence to back up the prosecution’s claims.
Domestic violence charges involve victims who know the alleged assailant. This can create conflicts of interest not found in other types of violent crimes.
Self-defense is another potentially effective defense. If both the victim and defendant committed physical or verbal attacks, it could undermine the criminality element of your case. New Yorkers have the right to defend themselves as long as their defensive actions are proportional to the threat or perceived threat.
A criminal defense attorney often charges a flat fee for their services, or they charge by the hour. If the attorney charges by the hour, they typically require an up-front payment called a retainer that is billed until it is depleted. Once a retainer is used up, the lawyer typically requires a new retainer as a condition of continued representation.
In most cases, a domestic violence conviction will remain on your record indefinitely. New York allows for certain crimes to be sealed, but this is not the same thing as expungement. Under CPL160.59, individuals who have no more than two misdemeanors or one felony and one misdemeanor may apply to have their records sealed if they have no criminal charges within 10 years of the last conviction.
A domestic violence charge can be dismissed in New York. The grounds for dismissal include evidence showing the defendant’s innocence or a lack of evidence proving their guilt. Having an attorney can improve your odds of having your charges reduced or dismissed because an attorney plays an important role as your advocate in court.
Domestic violence charges are unique in the fact that the victim knows the defendant. Many crimes involve random acts of violence, but domestic violence cases are charged when the victim has some sort of intimate or familial relationship with the accused party. This familiarity can lead to effective defense strategies if the victim has a personal motivation for harming the reputation of the defendant.
If you were recently charged with committing domestic violence, you need the legal services of a law firm that can fight your charges and pursue a favorable outcome in your case. A conviction is not a foregone conclusion, but the outcome of your case often depends on the quality of your legal representation.
The Vitaliano Law Firm has represented many defendants in Brooklyn and secured outcomes that avoided harsh penalties. If the prosecution lacks sufficient evidence to prosecute your case, our attorney can call for your charges to be reduced or eliminated. We won’t rest until we secure an outcome that lets you put the ordeal behind you. Contact our office today to schedule your domestic violence charge consultation.