Domestic Violence Attorney in Commack, , New York

New York courts take accusations of domestic violence seriously. Facing domestic violence charges can be a frightening and overwhelming experience. Most police departments in New York require police officers to arrest those accused of family offenses involving physical, sexual, economic, or emotional abuse. In fact, according to the New York State Division of Criminal Justice Services, each year there are over 2,500 reports of domestic violence in Suffolk County, which includes Commack, and nearly 2,000 reports in Nassau County, which includes Woodbury.

As a skilled criminal defense lawyer with decades of experience representing clients in Commack and throughout New York, I understand that being accused of domestic violence can make it difficult to live a normal life. That is why I founded my law firm – the Law Offices of Douglas M. Reda – to represent people in domestic violence cases, whether they are innocent or guilty of violent behavior. I am committed to vigorously defending each and every client at every stage of the process.

Domestic Violence in New York

Under New York state law, there is no separate statute for “domestic violence.” Instead, New York Penal Law handles domestic violence cases as “family offenses” that involve physical, sexual, emotional, psychological, or economic abuse against a current or former spouse, an intimate partner, or a family member.

Commonly, domestic violence takes the form of the following criminal offenses:

• Assault offenses

• Sexual offenses

• Stalking offenses

• Menacing offenses

• Strangulation offenses

Under New York law, the term “domestic violence” can apply to crimes committed by a person against a person with whom:

• They are legally married

• They were formerly married

• They are related by affinity or blood

• They share a child

• They have been in an intimate relationship

Possible Consequences & Penalties

Because the state of New York does not have a separate criminal offense for domestic violence, possible consequences and penalties vary greatly depending on the circumstances of the offense and the type of the crime committed.

Depending on the offense, the defendant can face from 15 days behind bars to life imprisonment. Fines can range from $1,000 to $100,000. Other potential penalties may include:

• The loss of a firearm

• Mandatory anger management classes

• The loss of parenting privileges

• The risk of deportation and other immigration-related issues

As a knowledgeable criminal defense lawyer in Commack, New York, I am prepared to carefully analyze all details in the prosecutor’s case to identify the most effective defense strategies that can put you in a position to pursue reduced charges—or get them dropped entirely.

Defenses to Domestic Violence Charges in New York

Defenses to domestic violence charges depend on the type of the offense and the circumstances of each particular case. Some of the most commonly used defenses in domestic violence cases in New York include:

1. False accusations. If the accusations are false or blown out of proportion, a lawyer can help you prove that you were wrongfully accused.

2. Lack of proof. If there is not enough evidence to prove that you committed the offense, you cannot be convicted. In New York, you cannot be convicted if your guilt is not proven beyond a reasonable doubt.

3. Lack of intent. If you caused an injury to the complainant, but it was an accident, you cannot be found guilty because you had no intention to cause harm.

4. Self-defense. You may be able to use self-defense to avoid a conviction if you can prove that you reasonably believed that the complainant intended to use or threatened to use unlawful physical force against you.

5. Mental illness. A defendant could use the “mental illness” defense if they can prove that their mental health problems prevented them from having the capacity to follow or understand the law.

Each case is unique, which is why a defendant facing domestic violence charges should consider speaking with an attorney to identify the available defense strategies in their particular situation.