Queens, NY Domestic Violence Attorney
Domestic Violence charges in New York are normally prosecuted in the context of Assault , Harassment , Stalking , Criminal Mischief , Endangering the Welfare of a Child , Burglary / Trespass and Contempt cases . These charges can be either violations , misdemeanors or felonies depending upon the factual allegations involved .
A conviction of these charges can have long-lasting negative effects such as : incarceration , issuance of permanent orders of protection , exclusion from one’s own residence , adverse child custody and visitation rulings in Family Court or matrimonial actions , inadmissibility or removal proceedings for non-citizens , etc.
It is quite common for the complainant in a domestic violence case to wish to withdraw the charges or not cooperate in the continued prosecution of one’s client [1]. Many defendants in this situation mistakenly believe that they have nothing to worry about and foolishly ignore the proper defense of their case [2]. There has been a distinct trend for prosecutors to continue the criminal prosecution of a case and to proceed to trial to obtain a conviction despite the reluctance or non-cooperation by the complaining witness . These trials ( in the absence of testimony of the complaining witness) usually involve the attempted admission of testimony which normally would be considered hearsay such as calls to the 911 operator for assistance , police testimony concerning excited utterances or the hysterical demeanor of the complainant , observations of bruises , lacerations , property damage or other indicia of violence , the defendant’s statements to police , etc.
Additionally , regardless of the willingness of a complainant to cooperate with the prosecutor , the latter has also been vigilant in some cases to monitor a defendant’s compliance with an existing order of protection [3], a violation of which can be prosecuted as an independent criminal contempt charge .
Conversely , where complaining witnesses are completely cooperative with the prosecution , their credibility and motivations need to be fully explored . Some have not only maliciously brought on the initial charges but have also had innocent clients falsely arrested based upon fabricated allegations that he or she violated the terms of an order of protection . In these cases, which are common where there are pending Family Court or matrimonial actions , a manipulative complainant can improperly utilize an order of protection as a “sword instead of a shield†.
Accordingly , the issues in domestic violence cases need to be thoroughly explored and developed by experienced counsel .
If you or a loved one is accused of domestic violence in New York City or its surrounding regions, it’s important you work with a discrete and experienced domestic violence attorney for the best chances of resolving your case favorably and efficiently.
AÂ Defense Attorney Can Help.
New York’s domestic violence lawyer Victor Knapp has been successfully defending those accused of domestic violence for years. He is an experienced criminal defense attorney who pays attention to detail. He will evaluate all the details of your arrest and dig deep beneath the surface to find out the underlying motivations of the complainant . For a thorough defense in your case, contact Mr. Knapp today.
[1] This might be due to the belated realization by the complainant of the consequences of fabricated or exaggerated charges or based upon the mere change of heart of the complainant despite the truth of the original allegations .
[2] Some have been even foolish enough not to show up in court thinking that the case against them will be automatically dismissed . This normally results in a bench warrant and possible or likely bail jumping charges even if the underlying domestic violence case is dismissed .
[3] Exposure to these violations can take the form of telephone records showing calls between the defendant and complainant , observations of them being together ( a violation of a full order of protection) , as well as allegations by a complaining witness of attempted contacts or attempted undue influence by the defendant .
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