New York Domestic Violence crimes are some of the most serious offenses found anywhere in the criminal law (and rightfully so). Well beyond allegations of Assault, these crimes cover a wide spectrum of conduct. Regardless of the offense charged, the significance of a New York Domestic Violence arrest or accusations is evident in its handling by the branches of law enforcement. For example, the New York City Police Department (NYPD) has specially trained Domestic Violence officers that work in their respective precincts directly with those who are victims of Domestic Violence crimes. In the City’s District Attorney’s Offices (Manhattan, Brooklyn, Queens, etc.), prosecutors are either specially trained to manage Domestic Violence cases or they may be assigned to a Domestic Violence unit.
As important as it is for law enforcement to investigate, arrest and prosecute offenders of abuse, an allegation against a “family member” does not mean the believed crime actually occurred. As much as we are all quick to judge what we may read in the news and assume that an accused is a batterer of a spouse, child, etc., it is imperative to recognize one is innocent until proven otherwise. Regardless of the crime, sometimes it takes your wrongful arrest or a false accusation against a family member before this principle hits home.
To help better understand the maze of rules, procedures and potential defenses to a New York Domestic Violence arrest, the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC have drafted easily accessible, readable and relevant content about New York’s Domestic Violence crimes. Having served as Domestic Violence prosecutors in the New York County District Attorney’s Office and successfully defended numerous clients against these types of allegations, Crotty Saland PC created the content to provide a solid overview of these offenses.
To better understand the process by which those accused of Domestic Violence in New York are prosecuted (each jurisdiction has its differences, but your rights remain consistent), our New York Domestic Violence lawyers identified important sections of the law and practical parts of the arrest and prosecution process. Not a substitute for a consultation with your own attorney or advice on how to defend yourself in a Domestic Violence arrest, the content addresses common issues and questions. For example, what defines “domestic” or “family” in these types of offenses? If your boyfriend or girlfriend accuses you of an Assault or Aggravated Harassment, when will the crimes be prosecuted as “domestic?” Beyond Assault and Aggravated Harassment, what are the common crimes that people face when arrested for Domestic Violence? Does “violence” have to be against another person or are their property offenses or even computer related crimes that fall into this category?
Beyond these pertinent issues, other questions deal with identifying the Domestic Incident Report, rights of the accused and the complainant, understanding the supporting deposition, the true power of a prosecutor’s subpoena (prosecutors CANNOT subpoena your to anyone’s office!), how law enforcement prosecutes cases without a cooperative complainant, and more.
A little bit of information can go a long way in understanding your rights and establishing a strong defense. Whether the charge is a misdemeanor Third Degree Assault, Fourth Degree Criminal Mischief or some other crime, you have a right to a defense. If you do not provide evidence that the allegation is false, exaggerated or a means by one party to get results in a different proceeding (such as divorce or custody), then who will? Educate yourself on the law, consult with your counsel and take the initiative in your own criminal defense.
Crotty Saland PC is a New York criminal defense firm representing clients in New York City and many of the neighboring suburban communities.
To better understand the laws, crimes and issues above as they relate to New York Domestic Violence arrests, follow the respective links. Further information is available throughout the NewYorkCriminalLawyerBlog.Com