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Staten Island Domestic Violence Lawyers

Understanding Domestic Violence Laws in Staten Island, New York

Domestic violence is one of the most serious offenses. In Staten Island and anywhere else in New York, the crime is committed when there is a series of offenses known as “family offenses” perpetrated. The family court has concurrent jurisdiction over these offenses, which include assault, sexual abuse, sexual misconduct, stalking, menacing, and strangulation. With any of those offenses committed against a victim, the victim can bring forth charges for domestic violence in civil or criminal court or in both. Additionally, a victim can seek an order of protection from either civil or criminal court. Frequently, such an order includes that the perpetrator not only stay away from the victim but any children involved as well.

Overview of New York Domestic Violence Laws

There are several statutes that apply to domestic violence, as follows:

  • New York Penal Law Sections 120.00 – 120.12 refer to assault offenses
  • New York Penal Law Section 120.13 – 120.15 refer to menacing offenses
  • New York Penal Law Section 120.45 – 120.60 refer to stalking offenses
  • New York Penal Law Sections 121.11 – 121.14 refer to strangulation offenses
  • Family Court Act Section 812 refers to procedures for family offense proceedings

Definition of Domestic Violence

The crime of domestic violence occurs when there is an incident between two family members or two members of the same household. In order for domestic violence to occur, there must be one of the following types of relationships present between the two parties:

  • They are related by affinity or consanguinity
  • They are legally married
  • They were formerly married
  • They share a child in common
  • They have been in an intimate relationship, even if they are not living together

Penalties for Domestic Violence in Staten Island, New York

The category of family offenses is broad and encompasses a large variety of penalties as per New York law. For example, if a person is convicted of a violent felony offense like first-degree assault, they may receive a prison sentence ranging anywhere from five to 25 years of incarceration or a fine as great as $5,000. In the case of strangulation in the first degree, which is also a violent felony offense, the individual could see a prison sentence ranging from a minimum of 3.5 years to a maximum of 15 years or a fine of a maximum of $5,000.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

When the offense is in a lesser category, such as assault in the third degree, menacing in the second degree, or criminal obstruction of breathing or blood circulation, which are considered class A misdemeanors, the punishment is less severe. The defendant might receive a sentence of prison for one year or less or a fine of up to $1,000.

Possible Defenses for a Domestic Violence Charge

If a person is arrested and charged with domestic violence, he or she can use certain defenses in court. The criminal defense attorney can rely on the following as possible defense tactics:

  • Justification in a situation where there is a charge of assault, and a parent uses non-deadly force on a child younger than 21 to discipline or restrain the child.
  • Self-defense for an assault charge where the aggressor communicates withdrawal, but the victim continues the incident with unlawful physical force or threatens imminent physical force.
  • Mental disease or defect
  • Medical or dental purposes if strangulation and similar offenses are involved.

Temporary Orders of Protection

If a defendant is charged in criminal court with committing any type of domestic violence or “family offense” against a family member, current or former spouse, child, or parent, the individual who was the victim in the situation has the ability to obtain a temporary order of protection. In addition, a victim can also file a petition for an order of protection during proceedings in the family court. The victim can request an order of protection even if the individual who committed the act of domestic violence has not been arrested. The judge will review the petition for the temporary order of protection and ask the victim a series of questions. The victim’s answers will determine whether or not the order of protection is necessary. The order can be issued ex parte, which means the offender does not have to be notified before the judge issues the order of protection.

Typically, a temporary order of protection can include the following provisions:

  • Require the defendant to stay away from the home, workplace, or school of the family member or any witnesses included in the order
  • Set a child visitation schedule for a parent
  • Prohibit the defendant from committing criminal offenses against a family member, child, or household member
  • Prohibit the defendant from committing any act that may create a risk to the safety, welfare, or health of a child or family member or member of the household
  • Prohibit the defendant from harming any pets of the victim or child who lives in the home

If you have been arrested in the Staten Island, New York area for domestic violence, you need a highly skilled domestic violence attorney on your side. Contact a lawyer at the Spodek Law Group at your earliest convenience

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