Last Updated on: 2nd August 2023, 06:00 pm

Hiring a Top Queens County Domestic Violence Attorney

Facing accusations of domestic violence in Queens can ruin families, reputations, and futures. Having an experienced local Queens domestic violence defense lawyer in your corner can mean the difference between dismissed charges or deeply damaging convictions. Follow these tips to identify and retain elite counsel.

Seeking Out Specialized DV Defense Experience in Queens

Look for attorneys who dedicate over 50% of their practice specifically to defending domestic violence cases in Queens courts before local judges and prosecutors.

Assessing Litigation Skills and Resources

Top lawyers have relationships with investigators to identify weaknesses in the prosecution’s version of events and excel at suppressing illegally obtained evidence. Mastery of presenting persuasive trial arguments is vital.

Reviewing Case Results and Negotiation Outcomes

Given most domestic violence cases plea out, choose lawyers with a track record of getting charges reduced or dismissed through skillful negotiation and creative alternatives to conviction.

Checking Credentials and Reputation

Verify educational background, bar memberships, focus on criminal defense, and standing with local judges and prosecutors. A strong reputation compels better outcomes.

Comparing Reviews from Prior DV Clients

Read reviews to confirm expertise specifically defending domestic violence cases in Queens and achieving not guilty verdicts or favorable pleas.

Common Defenses in Queens Domestic Violence Cases

Savvy Queens criminal attorneys challenge domestic violence charges using strategies such as:

Consent

It may be arguable that alleged actions were actually consensual such as rough but permitted sex.

False Accusations

In bitter custody disputes, abuse claims are occasionally fabricated to gain advantage.

Mental Health Issues

Psychological conditions could potentially explain aggressive outbursts.

No Injury Occurred

Despite accusations, evidence may show no injury consistent with abuse claims.

Self-Defense

Injuries to alleged victims may have resulted from lawful acts of self-protection.

Insufficient Evidence

Eyewitnesses can be discredited and documentation of injuries challenged.

Retaining counsel adept employing strategies like these can help achieve dismissal of charges or acquittal at trial.

Key Domestic Violence Questions for Queens Criminal Defense Lawyers

Smart questions to ask potential attorneys include:

What Percentage of Your Caseload is Queens Domestic Violence?

This helps reveal how much they specialize in local DV defense specifically versus general criminal defense. Look for at least 50% or more focus.

What Results Have You Secured for Domestic Violence Clients?

Ask for examples of dismissal rates, acquittals, plea deals, deferred prosecutions, and avoidance of harsh penalties they have achieved.

How Do You Handle the Sensitivity of These Cases?

Discuss their approaches to dealing empathetically with clients and safeguarding sensitive personal information. Bedside manner is vital.

What If I Cannot Afford Your Rates Right Now?

Inquire about possible payment plans, sliding fee scales, tapping home equity lines of credit, or assistance programs available.

Don’t settle for subpar counsel for these high stakes allegations – contact the Spodek Law Group at (917) 810-8510 to schedule a free consultation on your Queens domestic violence case and get expert guidance. Let’s start building your defense strategy immediately.

How to Choose the Best Domestic Violence Lawyer in Queens

Follow this blueprint to identify elite counsel:

Get Referrals from Trusted Local Professionals

Ask well-regarded attorneys, bondsmen and court employees for recommendations of lawyers excelling in Queens domestic violence defense.

Search Queens Bar Association Directories

Look for members concentrating in criminal defense with impressive backgrounds defending domestic allegations specifically.

Research Extensively Online

Google lawyers with positive Queens-specific reviews and websites detailing domestic violence defense expertise.

Schedule Initial Consultations

Talk to multiple top candidates in person to get a feel for experience levels, communication style and knowledge.

Verify Credentials

Double check all credentials, education, admissions, disciplinary history, experience, and client reviews.

Go With Your Instincts

Consider rapport, communication style, responsiveness and overall trust level in choosing who you feel most confident with.

How Much Do Queens Domestic Violence Lawyers Cost?

Common expenses involved in retaining private counsel for a domestic violence case may include:

Complexity Factors

Allegations involving multiple incidents, parties, and extensive evidence require greater work and raise fees.

Lawyer Skill and Experience

Leading attorneys with longer records of success typically bill at higher hourly rates.

Early Plea vs. Trial

Quick plea deals cost less than the extensive hours involved in taking a case to trial. Appeals raise costs.

Investigators and Experts

Private investigators, psychologists, and other specialists add substantial expenses but are often invaluable.

Law Office Overhead

Those with large office space, staff, research capabilities and insurance tend to have higher rates.

Overall costs often start around $5,000 – $10,000+ and may exceed $25,000 if going to trial. Payment plans are often available. Compare rates of multiple attorneys before engaging one. Fighting domestic violence charges in Queens County requires experienced local counsel. Contact the Spodek Law Group at (917) 810-8510 for a free consultation and urgent case help. Let’s start building the strongest defense.

Understanding Domestic Violence and Its Legal Consequences

The Nature of Domestic Violence

Domestic violence, according to the United States Surgeon General, is one of the top health concerns in the country. It’s considered an abusive pattern between two people who have a relationship with each other. The abuse could be between two partners who are involved in a relationship with each other or even family members who live together or who are involved in a physical or emotional dispute over time. There are several types of abuse that one can think of with domestic violence.

Physical Abuse

Anything that involves one person touching another in an unwanted fashion is typically considered physical abuse. It could be something as simple as spitting on the other person or pulling the other person’s hair. Violent behavior can lead to broken bones, severe injuries or even death.

Sexual Abuse

This occurs when one person forces the other to take part in sexual acts. It cold be in the form of marital rape or attacking sexual areas of the body. Another example would be violence that is followed by unwanted or forced sexual contact. Sexual jokes at the victim’s expense or demeaning the victim in a sexual manner also constitute as Sexual Abuse.

Emotional Abuse

When one person in the domestic relationship belittles the other or makes that person feel unwanted with name-calling or criticism, then it’s considered emotional abuse. This kind of abuse can linger for years even after it stops because it plays more on the mind than other types of abuse that could occur. Psychological abuse often falls into this category. This is when one person instills fear in the other by means of intimidation. The person might threaten to harm themselves, a family member or someone else if the victim doesn’t abide by the demands that are stated. Another issue is threats. It could be something simple as threatening to call social services or threats about killing or injuring the victim or someone that the victim knows.

Stalking

This is considered domestic violence because it often involves the unwanted attention from the defendant toward the victim. The defendant could follow the victim, make harassing phone calls or show up out of nowhere while the victim is at work or in other areas of town. Cyberstalking is a new issue that is being treated as domestic violence. It involves sending emails that are repetitive or sending messages on social media that are not wanted.

Who Can Be a Victim?

There are numerous people who can be a victim of domestic violence. One usually thinks of a spouse, but it can include a parent, grandparent, child or someone who is living in the same home. Many states allow the victim to obtain some kind of protective order against the person who has committed the domestic violence. Domestic violence also includes actions that take place while someone is in a dating relationship. The violence is committed when people are in a romantic, social or intimate dating relationship. The length of time and the type of relationship are taken into consideration when charges are filed if any at all.

Potential Penalties for Domestic Violence

There are multiple types of penalties for someone who has been charged with domestic violence. They range from state to state, but most of the time, someone who has been charged with domestic violence will have some kind of restraining order issued against them. Probation is an option as well as restitution if any injuries occur or if money has been stolen from the victim. Jail time is a possibility as well according to attorneys.com. If the victim is a child, then the penalties will often be more severe than they would be if the victim is an adult. Community service, anger management classes or the termination of parental rights are possible punishments for someone who has been charged and convicted of domestic violence. Many states will only sentence someone to jail if the violence results in serious injuries or if the defendant has a lengthy criminal history. Jail time is also given more frequently if the violence involves a child.

Defenses To Domestic Violence

An attorney is usually the best option if you have been charged with domestic violence. Attorneys for Spodek Law Group and other offices in the queens area can look at the evidence presented to determine if there is anything substantial in the claims. One of the defenses that can be used is that the victim filed a charge in retaliation for something that the defendant did. Another defense is that there wasn’t a witness to the event that occurred and that it’s simply a case of what one person says against the other. An attorney could argue that the defendant was angry at something and made a mistake in saying choice words to a spouse or someone in the domestic relationship without thinking and that the defendant doesn’t have a history of this type of violence.

Domestic Violence Charges in New York

Domestic violence can entail many things. If you are charged with this crime in the state of New York, you will want to take it very seriously. The penalties are severe if convicted, and the consequences will remain with you for the rest of your life. You will want to make sure that your version of events is heard and that you receive a fair trial. For those things to happen, it is important to have Queens domestic violence lawyers working on your behalf. New York law is quite strict when it comes to issues of domestic violence, so the first step is to understand the provisions of the law. Continue reading to learn more.

Understanding Domestic Violence in New York

The legal guidelines governing a domestic violence charge in New Your are quite clear. To begin, you must exhibit some type of behavior that is perceived to be threatening or violent against another individual who you are in an intimate relationship with. This is the key. A domestic violence charge cannot be lodged against you if the suspected victim is unknown to you or is merely a casual acquaintance. This is an important distinction because the sentencing guidelines for domestic violence convictions are specifically in place because of a crime committed against someone you are in a relationship with.

Many people view domestic violence as an issue between a husband and wife, or between domestic partners.

While this is often the case, it does not have to be. Domestic violence can also occur between family members, individuals who have a child together, or even those who are just dating. It does not matter if you live together or not. If you have an intimate relationship with the individual, then you can be charged with domestic violence in the state of New York.

Types of Domestic Violence Crimes in New York

There are several crimes related to domestic violence that you can be charged with in New York. These include:

Assault

If you intentionally cause physical harm to another person or act recklessly in such a way that results in injury, you can be charged with assault. If the person you injured is a member of your family or an intimate partner, it could be considered domestic violence.

Sexual Abuse

Any non-consensual sexual act or contact can be considered sexual abuse. This can include rape, sexual misconduct, or forcible touching. Again, if the victim is someone you’re in a relationship with, this can be categorized as domestic violence.

Stalking

Persistently following, harassing, or threatening another person to the point where they fear for their safety could lead to stalking charges. If the person being stalked is someone you have an intimate relationship with, this would be considered domestic violence.

Strangulation

Intentionally obstructing another person’s breathing or blood circulation by applying pressure to their throat or neck, or by blocking their nose or mouth, is considered strangulation. In the context of an intimate relationship, this act is categorized as domestic violence.

Potential Penalties for Domestic Violence Convictions in New York

The penalties for a domestic violence conviction in New York can be severe and depend on the specific charge. They can range from a Class A misdemeanor to a Class B felony, with penalties including probation, imprisonment, fines, mandatory completion of a batterer’s intervention program, and issuance of a protective order. Multiple convictions can lead to enhanced penalties.

Defending Against Domestic Violence Charges in New York

When faced with a charge of domestic violence in New York, it’s crucial to have experienced legal representation to mount a solid defense. The defenses available to you will depend on the circumstances of your case. For example, you could argue self-defense if you were protecting yourself from imminent harm. Alternatively, your attorney might be able to challenge the credibility of the alleged victim or witnesses, or prove that you were wrongly identified as the perpetrator. It’s also possible that the evidence against you was illegally obtained and therefore should be suppressed.

Being charged with domestic violence is a serious matter that can have long-term consequences. If you find yourself in this situation, make sure to consult with a qualified and experienced lawyer to help protect your rights and navigate the complex legal process.

Conclusion

Domestic violence is a grave issue affecting millions of individuals and families around the world. Understanding the law, the potential penalties, and the defense strategies can go a long way in both preventing and addressing this pervasive problem. The legal system’s stance towards domestic violence in New York, like in many other places, is robust and victims are protected by law. Meanwhile, those accused of such crimes have rights too, and should engage legal support to ensure they are treated fairly in court. Ultimately, it is about creating a safe, respectful society for all.