Last Updated on: 17th October 2023, 10:57 pm

Brooklyn Domestic Violence Lawyers: Your Guide to Finding the Right Attorney

Dealing with a domestic violence case can be scary and overwhelming. But having the right lawyer by your side can make all the difference. This article will give you an overview of domestic violence laws in Brooklyn and tips for finding an attorney who’s the best fit for you.

Laws & Penalties for Domestic Violence in Brooklyn

There are a few key laws in New York State that apply to domestic violence cases in Brooklyn:

• Penal Law 120.00-120.60 – Defines different degrees of assault charges from harassment to aggravated assault. Domestic violence assaults often lead to misdemeanor or felony charges.
• Penal Law 130.52 – Covers strangulation charges, which are common in domestic violence cases. Strangulation is a very serious felony offense.
• Penal Law 135.60 – Covers coercion charges when someone forces or intimidates their partner to do something against their will.
• Penal Law 240.75 – Criminal contempt charges when someone violates an order of protection.

The penalties for domestic violence convictions vary depending on the specific charges but can include fines, probation, community service, anger management classes, jail time, and prison sentences. Even misdemeanor domestic violence convictions carry harsh immigration consequences.

Finding the Right Domestic Violence Lawyer in Brooklyn

When looking for a domestic violence attorney in Brooklyn, there are a few key things to consider:

1. Experience – Make sure they have extensive experience specifically with domestic violence cases in Brooklyn courts. An experienced lawyer will understand the judges, prosecutors, and processes.
2. Personality Fit – You’ll be sharing sensitive details about your life, so find a lawyer you feel comfortable with. Look for someone who is compassionate and makes you feel supported.
3. Resources – Find out what resources they provide like connections to shelters, counseling services, immigration assistance, etc. Your lawyer should look at more than just the legal case.
4. Communication – Choose a lawyer who is readily available, keeps you updated, answers questions clearly, and makes you feel heard.
5. Affordability – The lawyer should be upfront about their rates and fees so you aren’t surprised. Look for payment plans or alternative arrangements if needed.

Don’t just choose the first lawyer you find online. Take time to research options, read reviews, and interview lawyers before deciding. The Brooklyn District Attorney’s Office keeps a list of approved legal aid organizations and pro bono lawyers who may be able to take your case for free or reduced costs if you qualify.

Building Your Defense Strategy

An experienced domestic violence lawyer will carefully craft a defense strategy for your specific case. Here are some common legal defenses they may use:

• Self-Defense – If you acted in self-defense against violence from your partner, this may defeat some charges or lead to more lenient sentencing.
• Mental Health – Your lawyer can argue you were having a mental health crisis during the incident that prevented you from acting intentionally or knowingly.
• No Visible Injury – The lack of photos, medical records, or tangible evidence of injuries can be used to fight charges.
• False Accusations – Your lawyer may argue that your accuser is making up or exaggerating claims out of anger, jealousy, or manipulation.
• Substance Abuse – If drugs, alcohol, or medications impacted your behavior, it may provide a defense or mitigating circumstances.

An attorney experienced with domestic violence cases will know how to present these defenses effectively to get charges reduced or dismissed. They will also advise you about taking a plea bargain vs going to trial.

What to Expect at Your First Meeting

The first meeting with your domestic violence lawyer is important for starting to build your case. Come prepared with any documents and make sure to bring:

• Details about what happened – Write down a factual account ahead of time while your memory is fresh.
• Names of witnesses or people who saw injuries.
• Copies of any court orders like an order of protection.
• Bail paperwork if you’ve been arrested.
• Medical records related to this incident.
• Evidence like photos, videos, voicemails, texts, etc.

The lawyer will ask lots of questions about the relationship history, your side of what happened, and your goals. Total honesty is crucial so don’t hold anything back. They need all the facts to build the best defense.

Your attorney will explain the potential charges, penalties, and start forming the legal strategy. They’ll advise if you should turn yourself in or let them negotiate surrender. The lawyer will also discuss payment plans and sign a retainer agreement.

Finding Hope and Help

Coping with domestic violence charges is scary. But the right Brooklyn domestic violence attorney can help guide you through the legal process while providing support. Take time to research lawyers and find one whose experience and personality are a good fit.

With an experienced attorney on your side, you’ll have an advocate fighting for the best possible legal outcome. It’s critical to be fully open so they can craft an effective defense. Even in difficult situations, a good lawyer can find ways to move forward and give you hope.

You don’t have to face this alone. The help you need is out there – all it takes is making that first call to a domestic violence lawyer who can start protecting your rights and future.

Resources:

• What You Need to Know About Domestic Violence – NY Courts
• Legal Services for Domestic Violence Victims – Mayor’s Office to End Domestic and Gender-Based Violence
• Support Services for Domestic Violence Survivors – Comprehensive list of NYC resources