Domestic Violence Attorney in Manhattan
If you have been charged with domestic violence, you are probably wondering what the consequences will be if you are convicted of those charges. In addition to worrying about potential criminal convictions, you may be trying to repair your relationship with the person that you are accused of hurting. These kinds of charges are scary and you will need a good domestic violence attorney in Manhattan to defend you during this difficult time.What to do When You are Arrested for Domestic Violence
The state of New York has a mandatory arrest law when it comes to domestic disputes. This means that whenever the police are called in an instance of domestic violence, the officers are strongly encouraged to make an arrest. It does not matter if the alleged victim even wants to press charges, recent laws put less weight on the opinion of the victim.
When the police come to a person’s home on a domestic violence call, they will interview each person involved separately. They will also interview any witnesses to the incident. They will take you into separate rooms if they can, or at least take you into areas where you cannot hear one another.
The police officer will ask if there are any injuries to either party. If there are injuries, the officers may take photographs of them and they may also take photographs of the house if there are any blood stains or broken furniture.
Remember, you don’t have to talk to the police without a lawyer. If you have just had a fight with a member of your family or someone with whom you are romantically involved, you are likely to be in a highly emotional state. It is a better idea to talk about what happened after you have calmed down and had a chance to talk to an attorney.
When you go to trial, the prosecution may bring up any history of domestic violence. In the event you have been charged with a violent crime or domestic violence in the past, an attorney may be able to convince a judge that your past criminal records are inadmissible or should not apply to this current charge.
In some scenarios it may be best to attend therapy before a trial takes place. You can also attend couples counseling if your partner agrees or just go to therapy alone. It never hurts to show a judge that you are trying to work out your problems on your own, especially if these actions are genuine.Definition of Domestic Violence
The state of New York defines domestic violence as a pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.What May be Considered Domestic Violence in Manhattan
There are several different criminal activities that fall into the category of domestic violence when they are perpetrated against a family member or loved one.Assault
Assault is considered to have taken place when a person intentionally or recklessly causes injury to another person.Menacing
Menacing is considered to have taken place when one person shows another person a weapon as an implied threat of violence.Stalking
Stalking is generally defined as one person exhibiting a pattern of behavior towards another person that makes them feel threatened. Stalking is different from the other categories of domestic violence in that it requires repeated victimization of an individual.
There are a wide range of actions that may constitute stalking. They include but are not limited to: waiting around for a person outside of their house, visiting them at their office uninvited, following the victim, threatening the victim, or using technology to gather information about the victim.Defense Arguments in Domestic Violence Cases.
You will not necessarily end up in jail if you are convicted of domestic violence. A judge will take life circumstances into consideration. If your family is financially dependent on you, your attorney may argue that sending you to jail would only cause more problems for your alleged victim and family. A judge order you to take classes in anger management and go to therapy as an alternative to incarceration.
The judge may also sentence you to Interim Probation Supervision, which is an alternative to jail for many people accused of domestic violence. Instead of sending you to jail right away, the court will postpone the hearing for one year. You will then go on probation with certain conditions that have been set by the court. Typical conditions include maintaining employment, in some cases wearing an ankle monitoring device to establish your whereabouts, and enrolling in the Domestic Violence Offenders Program. You may also be ordered to do a set number of hours of community service. When your term of interim probation is over, you will have your hearing. If you have complied with the terms of your interim probation, you may be sentenced to probation instead of jail.
Be wary of enlisting the services of a public defender. Public defenders are often overworked, underpaid, and fresh out of law school. In serious cases such as Domestic Violence you will need a lawyer with the time, experience and resources to devote to your case. Attorney Jason Steinberger has years of experience in domestic violence law and he will present a compelling argument in your defense. Your side of the story needs to be heard and Mr. Steinberger knows how to present the facts in your case with only your benefit in mind.
Domestic violence charges are serious, and they can lead to divorce, restriction of parental rights, and loss of property. The right attorney can make sure that the penalties are appropriate for your situation.