Queens Domestic Violence Lawyer: Defending Your Rights
Domestic violence is a serious issue that affects countless individuals and families in Queens, NY. Being accused of domestic violence can have devastating consequences on your freedom, family, career, and reputation. That’s why it’s critical to have an experienced Queens domestic violence lawyer on your side to protect your rights.
As your attorney, I understand how confusing and scary this situation can be. My top priority is defending you against the charges and helping you move forward with your life. I have nearly 30 years of experience handling these complex criminal cases in Queens and throughout NYC. I will thoroughly investigate the allegations, build the strongest possible defense for your unique situation, and aggressively fight the charges in court.
Common Domestic Violence Charges in Queens
Domestic violence involves any crime committed against an intimate partner, family member or someone you live with. Some of the most common domestic violence charges I defend clients against in Queens include:
- Assault – Physical attacks causing injury like punching, kicking, strangling, etc. This can range from misdemeanor assault to felony charges depending on severity of injury.
- Harassment – Repeated unwanted contact that serves no legitimate purpose. This includes threats, insults, following someone, etc. that alarms or seriously annoys the victim.
- Stalking – Pattern of harassing behaviors that cause fear like monitoring, pursuing or spying on someone.
- Sexual abuse – Forced or coerced sexual contact like groping, rape, etc. This can also include revenge porn, distributing intimate photos without consent.
- Reckless endangerment – Acting in a way that creates substantial risk of serious injury or death to another person.
- Criminal contempt – Disobeying a court order like an order of protection.
- Child endangerment – Abusing or neglecting a child in your care.
The specific charges and penalties depend on the circumstances of each case. As your attorney, I will thoroughly review the allegations and evidence to build the strongest defense.
Defending Against False Allegations
In some cases, domestic violence charges stem from false allegations made out of anger, jealousy or as leverage in divorce/custody disputes. As your attorney, I will aggressively challenge these false allegations.
I will investigate inconsistencies in the accuser’s story and background to show their lack of credibility. I will also gather evidence like cell phone records, receipts, surveillance video and witness statements to prove your innocence.
If police violated your rights or mishandled evidence, I can file motions to have evidence thrown out or charges dismissed. My goal is to get the charges dropped early on, but I am always fully prepared to defend you at trial if needed.
Protecting Your Rights After an Arrest
If you are arrested for domestic violence in Queens, it is absolutely vital that you exercise your right to remain silent. Anything you say to police can be used against you, so say nothing until you have expert legal advice.
Police often use deceptive tactics to try to get suspects to incriminate themselves. They may say things like “just tell your side of the story” or pretend to be on your side. No matter what, insist on having your lawyer present before answering any questions.
I can facilitate your safe surrender if an arrest warrant is issued so police do not show up at your home or job. I will also advocate for reasonable bail terms and work to get any unfair bail conditions removed.
Challenging Orders of Protection
Judges almost always issue temporary orders of protection following domestic violence arrests in Queens. These orders may bar you from contacting the alleged victim or restrict you from your home, workplace and children.
As your attorney, I will immediately file a motion challenging any unfair, excessive or unconstitutional conditions imposed by the order. My goal is to get the order modified or dismissed so you can resume your normal life with minimal disruption while the case proceeds.
I understand the immense hardship these orders cause, separating parents from children and preventing people from going home. I have successfully challenged orders of protection in criminal court as well as Integrated Domestic Violence Court (IDV) to protect my clients’ rights.
Defending Your Rights in Court
As an experienced trial lawyer, I am fully prepared to defend you before a judge and jury if necessary. I will present evidence highlighting inconsistencies and credibility issues with the accuser’s allegations.
I may also call expert witnesses to analyze physical evidence and testify about my client’s innocence. In some cases, I can even compel the accuser to testify through cross-examination.
My aggressive negotiation tactics have also been successful in getting charges reduced or dismissed through plea bargains in appropriate cases. I will fight tirelessly in court to protect your freedom and future.
Avoiding Immigration Consequences
For immigrant clients, domestic violence convictions can lead to devastating immigration consequences like deportation and inability to naturalize. As your attorney, I will craft a defense focused on avoiding these consequences while aggressively fighting the criminal charges.
In many cases, I can negotiate a plea deal to reduced non-deportable offenses or seek an adjournment in contemplation of dismissal to avoid a conviction altogether. My #1 goal is protecting your legal status while defending your freedom and rights.
Defending Your Rights in Integrated Domestic Violence Court
Queens has a special Integrated Domestic Violence (IDV) Court that handles criminal domestic violence cases as well as related family court matters like divorce, custody and child support.
IDV Court aims to provide coordinated outcomes between the criminal and family cases, but this can create added complexity when the results are inconsistent. As your attorney in IDV Court, I will zealously defend your rights in both matters.
I understand how to navigate this unique court system to achieve the best possible results in both your criminal and family cases. My expertise in IDV Court helps ensure consistent, favorable outcomes for my clients.
Avoiding Lifelong Domestic Violence Consequences
The stakes are extremely high in domestic violence cases. With your freedom, family ties, reputation and financial future on the line, you need an attorney with the skills to minimize consequences both in and out of court.
The consequences of a conviction can follow you for life:
- Jail time
- Probation and community service
- Fines and fees
- Permanent criminal record
- Loss of gun ownership rights
- Difficulty finding a job
- Impacts child custody rights
- Potential deportation for immigrants
- Orders of protection limiting contact
I have successfully defended hundreds of domestic violence cases in Queens and helped many clients avoid a conviction and lifelong consequences. My aggressive advocacy can help you move forward with your life and family.
You Have the Right to an Experienced Queens Domestic Violence Lawyer
Facing domestic violence charges is frightening. You feel isolated, overwhelmed and unsure of your rights. But you are not alone. As your experienced criminal defense lawyer, I will stand by your side, answer all your questions, and fight relentlessly to defend your rights.
I understand the immense challenges these allegations create for your family, relationships, career and future. I will handle every aspect of your case with compassion and urgency. My team and I are dedicated to providing exceptional legal representation. We are available for emergencies 24/7 because we know you need support right away.
To schedule a free, confidential case evaluation, call me anytime at 718-414-6186 or contact me online. I am committed to protecting your rights, freedom and future. Together we will fight these allegations and overcome this difficult situation.
About the Author
For nearly 30 years, Luke Scardigno has successfully defended clients against domestic violence charges throughout Queens and NYC. His unwavering commitment to clients along with his skilled trial advocacy have led to countless dismissals and acquittals in these complex cases. Luke is also experienced in Integrated Domestic Violence Court, protecting clients’ rights in both criminal and family court matters. He is highly respected by judges and prosecutors for his professionalism, preparation and zealous advocacy. Luke understands the urgency of domestic violence cases and the need for immediate, compassionate response. He remains available 24/7 to defend clients’ rights from the moment of arrest onwards. To speak with Luke about your domestic violence case, call 718-414-6186 or contact him online for a free consultation.