Utica Domestic Violence Defense Lawyers Helping Clients Falsely Accused of Abuse
If you have been arrested and charged with domestic violence, the first action that you need to take is to hire an attorney who has the knowledge and experience to fight for your legal rights. Domestic violence charges can cause a multitude of issues, especially if the accuser in your case has served an order of protection against you.
The law firm of Passalacqua & Associates, LLC is very skilled at representing clients wrongly accused of domestic violence in Utica, New York, and surrounding areas. Our main goal as criminal defense attorneys in Utica is to have your charges dismissed or reduced. We pledge to launch an aggressive defense on your behalf in order to restore your freedoms and reputation. Contact our law offices today and schedule an appointment so that we may review your case.
What Happens if My Accuser Wants to Drop the Charges?
In many cases, the accuser will have second thoughts about pressing domestic violence charges. However, the prosecutor will often try to convince them otherwise. If the accuser still does not want to pursue charges, a prosecutor may attempt to pursue the criminal action on their own. Repeatedly, we as criminal defense attorneys have witnessed prosecutors utilize what is known as a Domestic Incident Report (DIR) in order to go forward with a case in lieu of the accuser’s cooperation. The DIR is the report that the accuser typically fills out when law enforcement arrives on the scene.
At the time of trial, a prosecutor may attempt to scare the accuser into cooperating by serving them a subpoena. The subpoena can include language that informs the accuser that failure to comply may result in them being arrested and charged with contempt.
Due to the aggressiveness of prosecutors in domestic violence cases, you need an experienced domestic violence attorney who will stay by your side and help you through the complexities that often accompany domestic violence cases.
Is a Domestic Violence Charge Considered to be a Felony in New York?
Under the laws of the State of New York, there is no specific criminal offense that is labeled as “domestic violence.” Domestic violence can actually be an accumulation of several different criminal offenses. These include such offenses as rape, assault, kidnapping, stalking, or even homicide.
Therefore, a crime that is directly related to a domestic violence incident could actually be a misdemeanor or a felony. Some of the charges considered to be a felony include the following:
- Sexual assault
- Assault with a deadly weapon
- Assault that causes the victim to sustain a serious physical injury.
- Violence or abuse perpetrated on a minor.
If I am Found Guilty of Domestic Violence Will I Have to Go to Prison in New York?
If you are convicted of domestic violence, there are several factors that must be considered when considering an appropriate sentence for you. If the crime that you have been convicted of is a felony, then the chances are fairly good that you will be sentenced to some amount of time in state prison. If the offense in question was considered to be a violent felony, then the chances for prison time are even greater.
If you have a prior criminal record, especially if you have prior convictions for domestic violence, the chances of incarceration rise significantly. Another factor that may warrant prison time is if the accuser suffered a serious injury as a result of the domestic violence that occurred.
However, a skilled defense attorney may be able to negotiate with the prosecution if the circumstances of the case allow. In such cases, sentencing may include community service, supervised probation, and/or a fine.
Can I Still See My Children if I Have Been Charged With Domestic Violence?
Every case of domestic violence is different due to the individual circumstances that surround each case. There is no set policy that can determine if you will be permitted to visit with your children if you have been arrested and charged with domestic violence.
One very crucial aspect depends on whether or not your accuser has filed an order of protection against you. These legal orders, commonly known as restraining orders, typically prohibit the defendant from coming within a certain distance of the victim and other members of the family (including children) because the court has determined that there is a reasonable risk of potential harm if the order is not issued.
Some orders of protection give specific instructions as to a time and place where child visitation can occur. If you have been served a protective order and are currently not permitted to see your children, you need to obey the instructions outlined in the order. Your next step is to hire a skilled domestic violence attorney who can go to the court on your behalf and request a modification of the original order so that you may be granted visitation with your children. However, you must keep in mind that this may only be granted at the judge’s discretion.
Why Should I Hire Passalacqua & Associates, LLC to Defend Me Against Domestic Violence Charges?
The potential consequences that surround a conviction for domestic violence can forever alter your life and your future. You do not want to leave your future in the hands of an attorney who is inexperienced in domestic violence issues.
The attorneys of Passalacqua& Associates, LLC are highly qualified to handle your case. We are firm in our commitment to stand by your side throughout your court proceedings. We will review the facts and circumstances that surround your case and build a solid defense plan so that you may obtain an outcome that is fully favorable to you.
Contact our law offices by calling (315) 500-6425 and scheduling a free strategy session with a member of our legal team.