Domestic violence is a difficult issue, and is an especially sensitive charge in New York City. Law enforcement officers are trained to arrest the accused even if they have doubts about the truth of the allegation. A simple misunderstanding or a minor incident can be treated as a serious offense, and prosecutors often want to pursue the case even if the victim recants the accusation.
To put it simply, you need a good domestic violence defense attorney to make sure the cards aren’t stacked against you.
Defining Domestic Violence
The law defines domestic violence as a situation in which one household member threatens or commits violence against another household or a family member. It is often accompanied by a strangulation charge.
DV charges are either misdemeanors or felonies, depending on the facts of the case. Misdemeanor charges have maximum penalties of one year in jail, and an order of protection effective for five years. Felonies on the other hand carry heavy jail sentences and order of proctection for longer lengths.
The Frequency of False Accusations
Evidence of violence, such as bruises, is not a requirement for an arrest. Simple verbal abuse and the mere threat of domestic violence can get you arrested. With such easy ways to get someone arrested, domestic violence laws have been abused, with “victims” accusing their spouses as a way to get back at them.
Often, concerns about a pending divorce or child custody issue motivate false accusations of domestic violence.
Defending Against a DV Charge with Olivier E. Roche, Esq.
As a criminal defense attorney in New York, I listen carefully to your side of the story and complete a full investigation. When needed, I aggressively pursue motions to suppress and motions to dismiss the charges. In addition, I understand how the system works, as I am a former prosecutor, and I use my knowledge to provide clients with a winning defense.
Call today if you’ve been accused of domestic violence in New York. I offer a free 15-minute consultation.
