Articles Posted in Domestic Violence

Unlike the typical criminal case which includes charges of violence, defendants charged in domestic violence cases are often professionals where the stakes are high: not only is freedom at stake but even a conviction on a reduced charge could spell the end of one’s career.  At the same time, domestic violence cases are traditionally tougher to prove than the garden-variety case of violence due to the fact that oftentimes the only evidence is the word of the purported victim.  For this reason, prosecutors and law enforcement officers will use every bit of subterfuge at their disposal to trick a target into creating the very evidence required to charge and convict them.  The most important advice I can offer anyone who is being investigated for a crime of domestic violence is to simply resist the urge to explain your side of the story to law enforcement.  Resist the urge to discuss the matter with the purported victim – you are probably being taped and will only make things worse.  Without the admissions of the target, a case is oftentimes impossible to make, let alone prove beyond a reasonable doubt.  If you’re being investigated in New York for a domestic violence case, immediately call a top New York domestic violence criminal defense attorney – and do nothing more until that time. Continue reading

I am writing again on the topic of domestic violence cases because we have recently seen in our office and in the news a rash of very weak charges brought by the Manhattan District Attorney’s Office – based upon complaints clearly designed to manipulate or punish the accused. Arrests were made by law enforcement without even the most cursory attempt to learn the truth behind the allegations.  After just a few weeks following the arrest – to allow for a defense investigation and/or presentation to prosecutors – most of the charges were either dismissed or severely lowered.  Had the investigations occurred before the arrest and not afterward, the defendants would have been spared significant time, expense, damage to career and personal humiliation.  Moral to the story: when charged in a New York domestic violence case, hire the best New York domestic violence attorney you can so that he can immediately expose false allegations and allow you to get your life back as quickly as possible.  Without a strong and experienced attorney with a history of success, prosecutors are more likely to simply allow the case to fester which will only cause continued damage to the defendant’s life and career.  Continue reading

If you have been arrested for a domestic violence crime in New York, do not panic.  Despite often carrying very serious penalties with sometimes painful personal and professional ramifications, these charges can be often be defeated through intensive investigation well before the trial stage, due to certain factors specific to these types of cases.  To start, domestic violence itself is not a criminal charge: the crimes usually associated with domestic violence incidents often include Assault, Harassment and Stalking.  The various assault charges contained in the New York Penal Law (NYPL §§ 120.00, 120.05 and 120.10) can rise as high as a B felony and as low as a misdemeanor – the range comes with potential jail time from up to 25 years down to probation.  In this post, I’ll give you some thoughts and ideas on what to do if charged with a domestic violence-related charge in New York.  Continue reading