Suffolk County Domestic Violence
Being accused of domestic violence in Suffolk County, regardless of the situation, can be frustrating as well as overwhelming. Many people who are arrested on domestic violence charges, including endangering the welfare of a child, menacing, harassment or assault; do not believe that they have done anything wrong. In fact, they may believe that the domestic violence allegation is tied to a domestic dispute blown out of proportion and can fail to realize the significant consequences of being convicted of domestic violence.
Unfortunately, many courts and police officers are extremely sensitive when a child, significant other or a spouse makes an allegation of violence. The police officers may be tempted to take some type of action including arresting at least one person involved in the conflict for domestic violence.
The chances of this occurring can be even greater when 911 has already been called. Someone is more likely to get arrested in situations in which one or more victims appear particularly troubled. This can be very frustrating for the person who has been accused of domestic violence, who may not realize the full scope of consequences. If this has happened to you, you are probably inconvenienced as well as confused about an order of protection that may have been established by the court that orders you to stay away from the victims involved in the case. This can prevent you from going home or being near loved ones depending on the specifications of the order of protection.
There are many other different ramifications associated with a domestic violence charge in Suffolk County and how you respond to such a charge can influence whether or not you are convicted. Your actions immediately before and after an allegation of domestic violence are important for your future and that is why you need to talk through this situation with an experienced New York domestic violence attorney.
Defining Domestic Violence in New YorkDomestic violence in New York occurs when one household member commits violence or threatens violence against another family or household member. The majority of domestic violence charges in New York are violations or misdemeanors, however, various elements of the alleged crime can be elevated to very serious felonies and major jail sentences.
Actual violence in and of itself is not mandatory for an arrest; the mere threat of violence or verbal abuse could lead to an arrest in New York. Domestic violence laws on the books in New York are designed not only to protect people of the same family, but also house maids, significant others and roommates. Domestic violence charges on a misdemeanor level carry penalty of up to one year in jail. In the event that you are convicted of a misdemeanor, however, the more significant consequence may be the order of protection, which could be an effect for up to five years. These convictions can have significant impacts on other areas of your life, such as being fired, lost visitation or custody rights, difficulty getting licenses for your job and potentially being deported. This is why it is necessary to identify a competent New York criminal defense attorney immediately, so that you are successful in navigating the legal system.
What to Expect When You Have Been Accused of Domestic Violence in New York?At your first court appearance, also referred to as the arraignment, the judge issues an order of protection that forbids you to communicate or go near the person who made the allegations. Even if this individual goes to court and informs the judge that he or she does not want an order of protection, one is typically still issued and it will stay in effect until your case is concluded. It may be possible to reduce this limited order of protection depending on the experience provided by your New York criminal defense attorney.
There are so many different facts involved in the management of a domestic violence allegation that you need to trust your case to someone who cares about your future and has a track record of representing people accused of crimes like this. The right Suffolk County domestic violence attorney can have a major impact on the outcome of your case and minimize the potential consequences or eliminate them altogether.