At Laurence A. Silverman & Associates, we specialize in defending individuals accused of domestic violence in Suffolk County, New York. We understand the complexities of these cases and are committed to guiding you through the legal process. Below, we will explain what domestic violence charges entail, how the legal process works, and how our experienced defense attorneys can build a strong defense on your behalf.
Facing Domestic Violence Charges in Suffolk County
Being charged with domestic violence is a serious matter that can significantly impact your life. In Suffolk County, the legal system takes these cases very seriously. If you are charged with domestic violence, you could face severe consequences, including restraining orders, criminal charges, and even potential jail time. If you or someone you know is facing such charges, it’s essential to understand what’s involved and how a skilled attorney from Laurence A. Silverman & Associates can help defend your rights.
What is Domestic Violence?
Domestic violence involves abusive behavior between individuals in close relationships, such as spouses, romantic partners, or family members. This abuse can manifest as physical harm, emotional abuse, sexual abuse, or even financial control.
It's important to note that in New York, there is no specific crime called "domestic violence." Instead, domestic violence refers to a range of criminal offenses that occur within a domestic relationship. These charges may include:
- Assault (physical harm)
- Harassment (repeatedly intimidating or bothering someone)
- Menacing (threatening harm)
- Stalking (following or watching someone without consent)
- Endangering the welfare of a child (putting a child in harm's way)
- Sexual misconduct (unwanted sexual behavior)
- Criminal mischief (damaging someone's property)
When these crimes occur between individuals in a domestic relationship, they are treated as domestic violence cases under New York law.
The Legal Process for Domestic Violence Charges
When a domestic violence accusation is made, the legal process moves quickly. Even if the alleged victim no longer wishes to pursue the case, the prosecutor may still proceed with the charges. Here’s how the process typically unfolds:
- Arrest: If the police believe a crime has been committed, the accused may be arrested and taken into custody.
- Protective Orders: The court may issue an order of protection, restricting the accused from contacting the alleged victim. This could also require the accused to leave the shared residence.
- Criminal Charges: The District Attorney reviews the case and decides what formal charges to file, ranging from misdemeanors to felonies, depending on the severity of the alleged crime.
- Court Appearances: The accused will appear in court for an arraignment, where charges are read, and they can enter a plea. The case will then proceed to hearings and potentially a trial.
Challenges in Domestic Violence Cases
Domestic violence cases are often emotionally charged and can be challenging due to conflicting testimony between the parties involved. Evidence such as text messages, emails, or witness statements may be presented, but often, the case hinges on one person’s word against another's.
Given the serious consequences and the potential for quick legal action, it is crucial to have a knowledgeable attorney from Laurence A. Silverman & Associates who can examine the evidence, question inconsistencies, and protect your rights.
How our Lawyers Defend Domestic Violence Cases
We know how high the stakes are in domestic violence cases. We take a thorough and strategic approach to every case, ensuring that our clients receive the best possible defense. Here's how we defend domestic violence charges:
- Investigating the Case: We carefully examine the accusations, gather evidence, and interview witnesses. Our goal is to uncover any inconsistencies or exaggerations in the claims made against you.
- Challenging the Evidence: In many cases, there is little physical evidence. We scrutinize the prosecution’s evidence and look for weaknesses, such as showing that injuries were accidental or not caused by you.
- Handling False Allegations: Sometimes, domestic violence accusations arise from false claims, especially in contentious divorce or custody disputes. We work hard to expose false allegations and prove that the charges are baseless.
- Negotiating with the Prosecutor: In some cases, we may be able to negotiate reduced charges or reach a plea agreement to minimize the impact on your life, such as avoiding jail time or a permanent criminal record.
- Aggressively Defending in Court: If your case goes to trial, our skilled trial attorneys will present a strong defense, challenging the prosecution’s case and ensuring your side of the story is heard.
If you’re facing domestic violence charges in Suffolk County, NY, it’s important to act quickly and get legal help. These charges can have serious consequences, but our experienced defense attorneys are here to help. We will work hard to protect your rights, challenge the evidence against you, and fight for the best possible outcome. If you or someone you know has been accused of domestic violence, contact our law firm for a consultation. We're here to stand by your side and help you through the legal process.
Don’t hesitate—contact Laurence A. Silverman & Associates today for a consultation.