What Does an Order of Protection Do?

An Order of Protection limits or prevents contact when one person claims to feel threatened by another and when the court feels protection is warranted.

As part of a domestic violence incident and investigation, an Order of Protection may be ordered by the criminal court to keep the parties separate while the case is ongoing. When an individual feels harassed or intimidated by a partner, a former partner, or even a short-term intimate relationship partner, they may also be able to seek an order of protection through the family court system to keep that person away from them.

In either case, having an Order of Protection against you can have a significant impact on your life, both personally and professionally. If an Order of Protection has been brought against you, you may choose to fight it. 

Long Island order of protection attorney Jason Bassett brings over 20 years of criminal law experience to the table, aggressively fighting for the rights of his clients who have been arrested, accused, or charged with domestic violence or issued an Order of Protection violation (also known as Criminal Contempt).

Duration of an Order of Protection

Long Island criminal defense lawyer

The type of restraining order may affect the length of its effect. For example, when a family member seeks an Order of Protection, it can last for a period of over a year. Orders of Protection that are made as part of criminal proceedings are generally temporary while waiting for further investigation and trial. It expires usually just before the end of the case, and the length can change depending on the time spent in the case.

If the Order of Protection ends, the courts can decide whether there’s no longer a need to issue a permanent order. The court may not issue a permanent order if the evidence is insufficient or if the accused is able to prove their innocence. Often, when the court decides to renew the order of protection, they typically last for a year. In some cases, protection orders can be extended for as long as five years.

If you or a loved one is issued an order of protection against them, it is important to seek the legal advice of an experienced Long Island order of protection attorney. An experienced restraining order lawyer may be able to help you protect your rights and help remove the order against you. 

At the law firm of Jason Bassett Criminal Attorney, Long Island criminal defense lawyer Jason Bassett has years of courtroom experience and knowledge that he can use to defend you. Contact us today to schedule a free consultation. 

What is Limited By an Order of Protection?

An Order of Protection, sometimes called a restraining order, is a protective order issued by the court to protect one party from another. An Order of Protection may be sought by one partner against another through the family (civil) court or may be ordered by the criminal court as part of a criminal investigation and case.

In New York, an Order of Protection can order an individual to refrain from actions against the protected individual, including

• In order to stay away from the protected party
• An order to stay away from the protected party’s home, school, or workplace
• An order to not communicate with the protected party through telephone, written communication, or electronic communication
• An order to prohibit the possession or license of any weapons

What Are the Penalties For Violating an Order of Protection?

Violation of an Order of Protection can result in serious consequences. Depending on the violation, it can result in the following penalties:

• Criminal Contempt in the Second Degree — This is a Class A misdemeanor and can be punished by up to 364 days in jail and fines of up to $1,000.
• Criminal Contempt in the First Degree — This is a Class E felony and can result in a prison sentence of up to four years and fines of up to $5,000.
• Aggravated Criminal Contempt — This is a Class D felony and can result in up to seven years in prison and fines of up to $5,000.

Violation of an Order of Protection can lead to charges and penalties in addition to any domestic violence charges already brought.

What Happens if the Charges or Allegations Are False?

While an Order of Protection is designed to protect individuals from violence, harassment, or intimidation from another, there are times when an Order of Protection is ordered in association with false charges. These false charges and the Order of Protection are often used as leverage in family disputes such as divorce, custody, or just to keep one party away from the home.

Unfortunately, a false complaint can lead to a lengthy battle in family court, criminal court, or the Integrated Domestic Violence Court and follow the accused around for the rest of his or her life. Filing a false complaint in order to obtain an Order of Protection is unlawful.

Getting the Assistance of an Experienced Order of Protection Lawyer

If an Order of Protection has been filed against you, you still have rights and you need to know your legal options. Getting the skilled legal representation of an experienced Long Island defense attorney is critical. If you have been charged with domestic violence or violation of an Order of Protection, the experienced criminal defense team at Jason Bassett Criminal Attorney can help. Call us at (631) 259-6060 or contact us online to understand your rights and options under the law.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-does-an-order-of-protection-do/ What Does an Order of Protection Do?

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Are DWI Checkpoints Illegal In New York?

We know that driving in New York state can be stressful, especially since police on Long Island closely monitor traffic violations. Law enforcement is particularly strict when it comes to drunk driving, and the consequences and cost of being convicted of a DWI can be life-changing. Suppose you are stopped on the road in NY at an intoxication checkpoint. In that case, it is important to know whether the officer had the right to set up the DWI checkpoint, to begin with, if the checkpoint was conducted legally, and what you can legally be compelled to do in this situation. 

If you’ve been stopped at a police checkpoint, questioned, and arrested for drunk driving, consider seeking the help of Jason Bassett, a highly regarded Long Island DUI/DWI attorney. For many years, Bassett has been providing assertive legal representation to individuals who have been charged with drunk driving offenses. At the Law Offices of Jason Bassett, our team of experienced attorneys may be able to assist you in constructing a robust legal defense against your charges. To schedule a free consultation, please call us at (631) 259-6060.

What Is A DWI Checkpoint?

A DWI checkpoint sometimes called a “sobriety checkpoint” or “DUI roadblock”, is a location set up by law enforcement to stop vehicles, make observations, and test drivers for alcohol or drug intoxication.

Police officers are supposed to follow past legal decisions when it comes to the specific sequence or pattern they should use to stop the vehicles. If they aren’t going to stop every vehicle, they need to come up with some other impartial basis such as stopping every third car. The police officers conducting these сhecks can not change or alter the pattern on the spot.

New York DWI lawyer

The DUI checkpoint should have safety precautions so that drivers can stop or drive through the checkpoint safely. There should be signs informing drivers about the presence of the checkpoint posted along the road leading up to it.

If you are stopped and arrested at a checkpoint that the legal requirements imposed upon law enforcement, your DUI lawyer will be able to challenge whether the officer had the right to detain you and possibly have evidence against you ruled inadmissible in court.

Can Police Legally Set Up A DUI Checkpoint In New York?

In New York, it is perfectly legal for police departments to set up sobriety checkpoints where officers may stop and check drivers for a short time to find out if they are driving in a state of intoxication. However, these checkpoints have to conform to the legal limitations placed upon them and must be conducted in a fair and impartial manner.

Under New York law, DUI checkpoints are only legal so long as the police do the following:

• Stop drivers at the checkpoint only for a reasonable amount of time.
• Set up proper safety precautions including adequate lighting and fair warning of the checkpoint’s existence.
• Use a predetermined random formula or pattern for which cars to stop.

Do I have Legal Rights at DUI Checkpoints?

Motorists possess certain rights concerning DUI checkpoints. These checkpoints are a lawful and effective law enforcement technique in which officers can use roadblocks to stop drivers and apprehend drunk drivers, ensuring the safety of all individuals on the road. However, police officers are constrained in their ability to stop vehicles for sobriety checks. They are required to follow stringent procedural protocols as defined by the New York courts, ensuring that they do not violate motorists’ rights. It is important that drivers understand their constitutional rights in relation to DUI checkpoints to safeguard their rights.

Police officers are not authorized to search a person or vehicle without consent from the driver or probable cause. If they conduct an unauthorized or unconsented search, they infringe on the driver’s rights. Drivers who turn around and avoid this kind of roadblock provide police officers with probable cause to stop them, particularly if they make an illegal traffic maneuver, such as an improper U-turn. In this scenario, a police officer will likely detain the driver.

Drivers are legally obligated to provide their license and registration when requested. Police officers must adhere to a random algorithm or system when halting vehicles at a checkpoint. Police officers will pose various questions to motorists to verify whether they are driving while intoxicated. They may also ask drivers to take a field sobriety test to determine their blood alcohol concentration (BAC). Motorists can decline to respond to law enforcement’s inquiries or undergo a chemical examination. Additionally, they have the right to remain quiet until they receive legal counsel. However, drivers who decline to take a chemical test can have their license suspended due to implied consent laws in New York. New York courts consider the probable cause to safeguard drivers’ constitutional rights. If stopped at a checkpoint, drivers are advised to remember and exercise their rights.

What Should You Do If You Are Arrested At A DWI Checkpoint?

If set up and conducted properly, sobriety checkpoints can be an effective way to ensure safer roads and eliminate intoxicated driving. However, police cannot trample all over your rights in the name of public safety and must carefully follow the laws governing checkpoints.

If you are looking for the best defense strategy after being detained at a DUI checkpoint on suspicion of drunk driving, we are here to help. Contact us for a free consultation with Jason Bassett, a Top Rated New York DWI lawyer.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/are-dwi-checkpoints-illegal-in-new-york/ Are DWI Checkpoints Illegal In New York?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/are-dwi-checkpoints-illegal-in-new-york/

What Are the Chances of Winning a Domestic Violence Case on Long Island?

In the US, there is a rising call for domestic violence cases to be taken seriously and lawmakers and law enforcement have heeded it by taking accusations of domestic violence seriously. For vulnerable victims, this is a positive outcome but those falsely accused can face serious implications. 

Facing a domestic violence case can be one of the most stressful experiences a person can have. Aside from criminal proceedings and the prospect of conviction and the accompanying penalties, dealing with orders of protection from your own family and not being able to access your family home can be emotionally draining. Any legal case can be demanding but even more so when one’s family is involved.

Domestic violence cases can also require a lot of patience to conclude due to the backlog in the courts. Getting the help of a skilled Long Island domestic violence attorney can be crucial in clearing your name and getting your charges dismissed. At the offices of Jason Bassett Criminal Attorney, we work diligently to investigate the details of your case and work towards the best possible outcome for your case whether it is a dismissal or a reduction of the charges. Call us today at (631) 259-6060 to learn more about how we can help you.

Domestic Violence Charges on Long Island, NY

Domestic violence in New York is an umbrella term for offenses and criminal acts that occur between individuals who have a relationship – either social, romantic, or familial. The definition can extend to include those who have been living in the same household for a period of time or those who were in an intimate relationship even if the relationship has ended.

While discussing the matter of domestic violence, it is important to remember that domestic violence and abuse in this context do not only apply to physical abuse but also to abuse such as psychological, emotional, sexual, and financial abuse.

Charges falling under the category of domestic violence can either be a misdemeanor or a felony depending on the criminal act committed. Domestic violence can involve the following charges in New York:

• Disorderly Conduct
• Sexual Misconduct
• Sexual Abuse
• Forcible Touching
• Rape
• Assault
• Reckless Endangerment
• Harassment
• Stalking
• Menacing
• Strangulation
• Criminal Mischief
• Intimidation
• Identity Theft
• Grand Larceny
• Coercion
• Murder

Penalties upon conviction may vary depending on the charges against the defendant. A person who is convicted of third-degree rape will be punished with a class C felony and registration to the Sex Offender Registry while a person who is convicted of criminal mischief faces a class A misdemeanor.

Regardless of the charges, an experienced Long Island criminal defense attorney can help you understand your rights. With the help of a skilled attorney, you have someone standing by your side and representing your best interests in a court of law. 

Hiring an attorney is especially important as your attorney will be the one to figure out the defense strategy applicable to your case. In New York, police are required to make a mandatory arrest when an emergency call for domestic violence is made. An arrest will be made even if the alleged victim tries to recant their statement. 

Due to the dangerous nature of domestic violence and emotional abuse and the fact that law enforcement can be held liable if a repeat offense happens, prosecutors cannot just drop charges even when accusers request. The state is also the one who would bring criminal charges. When the arrest has been made and charges have been filed against the defendant, they would have to face the charges regardless of whether the accusations were true or not.

How are Domestic Violence Cases Concluded?

Domestic violence cases can vary greatly in the ways that they are concluded, especially since each charge can be vastly different from the next. The time it would take to conclude a case would be affected by how much backlog the court has and whether there are mitigating or aggravating factors in the case. Even taking these facts into consideration, domestic violence cases that conclude with a trial only occur seldomly. 

One of the most important things in a domestic violence case is never to violate a protective order. While waiting for the case to be heard, the court may issue an order of protection that prohibits the defendant from making contact with the victim. During this time and while the order of protection is in place, it is crucial to exercise patience as a violation of a protective order can result in additional charges which can damage your defense.

For people who are facing charges of domestic violence for the first time or any criminal charges for the first time, the prosecutor may be more willing to reach a plea deal with the help of a skilled attorney. In this case, it may be possible to reduce or dismiss the charges altogether.

Accepting a guilty plea may be advertised as a convenient and more efficient way to settle the matter, however, this may not be the best option in your case. Each case is unique and must be carefully investigated before making a decision as drastic as accepting a guilty plea. 

Getting convicted on any criminal charge, even more so a domestic violence charge, can cause a significant impact on your life. Future career opportunities, getting custody of your child, immigration prospects, and even housing options can be taken away from you because of a conviction. 

Building a Strong Legal Defense

There are some defenses an attorney can use depending on the facts and existing evidence of the case. While the zeal with which prosecutors try domestic violence charges is understandable, they would not want to waste the court’s time pursuing false claims. The court may be more willing to dismiss domestic violence cases due to the following reasons:

• History of false accusations – The court will investigate if the accuser has a history of sending false claims and this can weaken the prosecution due to the possible lack of credibility of the accuser
• Lack of supporting evidence – If there is no evidence of the defendant’s guilt, the prosecution may dismiss the charges due to the burden of proof
• Lack of cooperation from the accuser – The accuser in a domestic violence case serves as a valuable witness. If the accuser takes their statement back or refuses to follow the prosecution’s instructions, the prosecution may be forced to dismiss the charges if there is a lack of other evidence.
• Mistaken reports – Concerned neighbors and friends sometimes report a domestic violence case that proves to be a misunderstanding in the end. In this case, the prosecution may dismiss the charges due to a lack of basis.
• Injuries inflicted on the accuser were due to self-defense – In some cases, the accuser would be the one inflicting abuse on the defendant in the hopes they retaliate. When the defendant acts in self-defense and is taken into custody, a medical inspection of the accuser and the defendant’s injuries can reveal whether the defendant was acting in self-defense.
• Contradicting evidence – If eye-witnesses or witnesses who have no standing relationship with either party submits evidence or testimony contradicting key elements of the case such as the accuser being the perpetrator of the domestic violence or that the report was a false claim, it can contribute towards building a legal defense in favor of dismissing the case.

A Long Island domestic violence attorney may be able to gather evidence on your behalf and champion your interests in court. While your case is ongoing, it is crucial to follow your attorney’s advice to avoid any complications that may jeopardize your chances of getting the best possible outcome for your case.

At the offices of Jason Bassett Criminal Attorney, top-rated Long Island criminal defense attorney Jason Bassett leverages his years of experience to carefully investigate each case and provide a tailored legal defense to clients. We leave no stone unturned in gathering the necessary legal evidence that may help achieve a favorable outcome. Criminal attorney Jason Bassett provides aggressive legal representation to Long Island residents who have been accused of a crime. Contact our office today at (631) 259-6060 to schedule a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-are-the-chances-of-winning-a-domestic-violence-case-on-long-island/ What Are the Chances of Winning a Domestic Violence Case on Long Island?

source https://jbassettlaw.com/what-are-the-chances-of-winning-a-domestic-violence-case-on-long-island/

What Are the Chances of Winning a Domestic Violence Case on Long Island?

In the US, there is a rising call for domestic violence cases to be taken seriously and lawmakers and law enforcement have heeded it by taking accusations of domestic violence seriously. For vulnerable victims, this is a positive outcome but those falsely accused can face serious implications. 

Facing a domestic violence case can be one of the most stressful experiences a person can have. Aside from criminal proceedings and the prospect of conviction and the accompanying penalties, dealing with orders of protection from your own family and not being able to access your family home can be emotionally draining. Any legal case can be demanding but even more so when one’s family is involved.

Domestic violence cases can also require a lot of patience to conclude due to the backlog in the courts. Getting the help of a skilled Long Island domestic violence attorney can be crucial in clearing your name and getting your charges dismissed. At the offices of Jason Bassett Criminal Attorney, we work diligently to investigate the details of your case and work towards the best possible outcome for your case whether it is a dismissal or a reduction of the charges. Call us today at (631) 259-6060 to learn more about how we can help you.

Domestic Violence Charges on Long Island, NY

Domestic violence in New York is an umbrella term for offenses and criminal acts that occur between individuals who have a relationship – either social, romantic, or familial. The definition can extend to include those who have been living in the same household for a period of time or those who were in an intimate relationship even if the relationship has ended.

While discussing the matter of domestic violence, it is important to remember that domestic violence and abuse in this context do not only apply to physical abuse but also to abuse such as psychological, emotional, sexual, and financial abuse.

Charges falling under the category of domestic violence can either be a misdemeanor or a felony depending on the criminal act committed. Domestic violence can involve the following charges in New York:

• Disorderly Conduct
• Sexual Misconduct
• Sexual Abuse
• Forcible Touching
• Rape
• Assault
• Reckless Endangerment
• Harassment
• Stalking
• Menacing
• Strangulation
• Criminal Mischief
• Intimidation
• Identity Theft
• Grand Larceny
• Coercion
• Murder

Penalties upon conviction may vary depending on the charges against the defendant. A person who is convicted of third-degree rape will be punished with a class C felony and registration to the Sex Offender Registry while a person who is convicted of criminal mischief faces a class A misdemeanor.

Regardless of the charges, an experienced Long Island criminal defense attorney can help you understand your rights. With the help of a skilled attorney, you have someone standing by your side and representing your best interests in a court of law. 

Hiring an attorney is especially important as your attorney will be the one to figure out the defense strategy applicable to your case. In New York, police are required to make a mandatory arrest when an emergency call for domestic violence is made. An arrest will be made even if the alleged victim tries to recant their statement. 

Due to the dangerous nature of domestic violence and emotional abuse and the fact that law enforcement can be held liable if a repeat offense happens, prosecutors cannot just drop charges even when accusers request. The state is also the one who would bring criminal charges. When the arrest has been made and charges have been filed against the defendant, they would have to face the charges regardless of whether the accusations were true or not.

How are Domestic Violence Cases Concluded?

Domestic violence cases can vary greatly in the ways that they are concluded, especially since each charge can be vastly different from the next. The time it would take to conclude a case would be affected by how much backlog the court has and whether there are mitigating or aggravating factors in the case. Even taking these facts into consideration, domestic violence cases that conclude with a trial only occur seldomly. 

One of the most important things in a domestic violence case is never to violate a protective order. While waiting for the case to be heard, the court may issue an order of protection that prohibits the defendant from making contact with the victim. During this time and while the order of protection is in place, it is crucial to exercise patience as a violation of a protective order can result in additional charges which can damage your defense.

For people who are facing charges of domestic violence for the first time or any criminal charges for the first time, the prosecutor may be more willing to reach a plea deal with the help of a skilled attorney. In this case, it may be possible to reduce or dismiss the charges altogether.

Accepting a guilty plea may be advertised as a convenient and more efficient way to settle the matter, however, this may not be the best option in your case. Each case is unique and must be carefully investigated before making a decision as drastic as accepting a guilty plea. 

Getting convicted on any criminal charge, even more so a domestic violence charge, can cause a significant impact on your life. Future career opportunities, getting custody of your child, immigration prospects, and even housing options can be taken away from you because of a conviction. 

Building a Strong Legal Defense

There are some defenses an attorney can use depending on the facts and existing evidence of the case. While the zeal with which prosecutors try domestic violence charges is understandable, they would not want to waste the court’s time pursuing false claims. The court may be more willing to dismiss domestic violence cases due to the following reasons:

• History of false accusations – The court will investigate if the accuser has a history of sending false claims and this can weaken the prosecution due to the possible lack of credibility of the accuser
• Lack of supporting evidence – If there is no evidence of the defendant’s guilt, the prosecution may dismiss the charges due to the burden of proof
• Lack of cooperation from the accuser – The accuser in a domestic violence case serves as a valuable witness. If the accuser takes their statement back or refuses to follow the prosecution’s instructions, the prosecution may be forced to dismiss the charges if there is a lack of other evidence.
• Mistaken reports – Concerned neighbors and friends sometimes report a domestic violence case that proves to be a misunderstanding in the end. In this case, the prosecution may dismiss the charges due to a lack of basis.
• Injuries inflicted on the accuser were due to self-defense – In some cases, the accuser would be the one inflicting abuse on the defendant in the hopes they retaliate. When the defendant acts in self-defense and is taken into custody, a medical inspection of the accuser and the defendant’s injuries can reveal whether the defendant was acting in self-defense.
• Contradicting evidence – If eye-witnesses or witnesses who have no standing relationship with either party submits evidence or testimony contradicting key elements of the case such as the accuser being the perpetrator of the domestic violence or that the report was a false claim, it can contribute towards building a legal defense in favor of dismissing the case.

A Long Island domestic violence attorney may be able to gather evidence on your behalf and champion your interests in court. While your case is ongoing, it is crucial to follow your attorney’s advice to avoid any complications that may jeopardize your chances of getting the best possible outcome for your case.

At the offices of Jason Bassett Criminal Attorney, top-rated Long Island criminal defense attorney Jason Bassett leverages his years of experience to carefully investigate each case and provide a tailored legal defense to clients. We leave no stone unturned in gathering the necessary legal evidence that may help achieve a favorable outcome. Criminal attorney Jason Bassett provides aggressive legal representation to Long Island residents who have been accused of a crime. Contact our office today at (631) 259-6060 to schedule a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-are-the-chances-of-winning-a-domestic-violence-case-on-long-island/ What Are the Chances of Winning a Domestic Violence Case on Long Island?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-are-the-chances-of-winning-a-domestic-violence-case-on-long-island/

How Does New York State Law Define Domestic Violence?

In New York State, domestic violence charges involve Assault or Harassment in the Second Degree between individuals related by blood or marriage, individuals who were formerly married, individuals who are unrelated but have a child together, or individuals who are unrelated and who are or have been in an intimate relationship.

If you or a loved one is facing allegations of domestic violence, it is important to seek the legal advice of an experienced Long Island domestic violence lawyer right away. A skilled attorney may be able to help you explore all the avenues possible to dismiss your case or get you a more favorable outcome. Contact Jason Bassett Criminal Attorney today to learn more about domestic violence cases in New York and how we may be able to help. 

How Do Police Determine Who The Aggressor Is in A Domestic Violence Situation?

When domestic violence is reported, the police will attempt to determine the identity of the aggressor by interviewing the people involved, as well as any witnesses. New York State has mandatory arrest laws requiring the police to make an arrest when they have reasonable cause to believe that the person has committed an act of domestic violence.

What Charges Will I Face If I Am Arrested In A Domestic Violence Scenario?

Long Island domestic violence lawyer

Depending on the degree of injury and whether or not a weapon was used, someone accused of domestic violence could be charged with some level of Assault or Harassment in the Second Degree. If there was an Order of Protection already issued for the alleged victim, then the charges could include misdemeanor or felony Criminal Contempt.

Is An Order Of Protection Automatically Put In Place After A Domestic Violence Arrest?

While an Order of Protection is not automatically put in place after a domestic violence arrest, in most instances of alleged domestic violence the judge will issue an Order of Protection in favor of the alleged victim at the arraignment.

What Are The Penalties For A Domestic Violence Conviction In New York State?

Just like any offense, the penalties for domestic violence cases in New York State depend on the level of crime for which the person is convicted (i.e., felony, misdemeanor, or violation).

What Happens If An Alleged Victim Recants Allegations Of Domestic Violence?

If the alleged victim goes to the prosecution and changes their story, the charges could be dismissed. Alternatively, this could result in a favorable plea offer. If the alleged victim refuses to assist in the prosecution in any way, the case will eventually be dismissed on speedy trial grounds.

For more information on Domestic Violence Offenses In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Possible Defenses Against Domestic Violence Cases in New York

There are many possible defenses against allegations of domestic violence in New York. In this section, we will discuss the most common defenses used. While these defense strategies may not be comprehensive, they can be helpful in understanding your case and how you can fight the charges against you.

One of the most common defenses used in domestic violence cases is the absence of proof. Without proof, the prosecution cannot prove the case of domestic violence, and thus the defendant cannot be charged. Lawyers who are skilled in handling domestic violence cases can spot flaws or contradictions in the prosecutor’s argument.

Furthermore, if you can prove that you’re not the one who committed the crime, then you have a solid defense. Having an alibi may help you prove that you were elsewhere at the time of the physical offense. It is possible to find witnesses who may testify that you were present with them and not with the victim. You can support your case by providing photos or videos that were time-stamped.

Another common defense for domestic violence cases is that the defendant is being wrongfully accused. It is possible for a defendant to be falsely accused, especially in contentious divorce cases. One spouse may claim that the other was abusive in an attempt to obtain more money, custody, or satisfy some vendetta. It is possible to protect yourself by identifying inconsistencies and alibis from the opposing story.

Lastly, self-defense is also a great defense against domestic violence allegations. For this defense strategy, you have to show that you acted in self-defense. This could be, for example, when someone strikes you and you need to respond to stop them. However, it can be difficult to plead self-defense if you have elicited aggression towards you. You may have used verbal threats and hostile hand movements to incite someone. In such cases, it can be very difficult to use self-defense since you incited violence towards yourself.

Speaking to an experienced domestic violence defense lawyer can help you explore what options you may have. A skilled lawyer may also be able to help you receive a more favorable outcome. Jason Bassett Criminal Attorney has years of experience defending clients who are facing domestic violence allegations. Contact us today to schedule a free consultation. 

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/how-does-new-york-state-law-define-domestic-violence/ How Does New York State Law Define Domestic Violence?

source https://jbassettlaw.com/how-does-new-york-state-law-define-domestic-violence/

How Does New York State Law Define Domestic Violence?

In New York State, domestic violence charges involve Assault or Harassment in the Second Degree between individuals related by blood or marriage, individuals who were formerly married, individuals who are unrelated but have a child together, or individuals who are unrelated and who are or have been in an intimate relationship.

If you or a loved one is facing allegations of domestic violence, it is important to seek the legal advice of an experienced Long Island domestic violence lawyer right away. A skilled attorney may be able to help you explore all the avenues possible to dismiss your case or get you a more favorable outcome. Contact Jason Bassett Criminal Attorney today to learn more about domestic violence cases in New York and how we may be able to help. 

How Do Police Determine Who The Aggressor Is in A Domestic Violence Situation?

When domestic violence is reported, the police will attempt to determine the identity of the aggressor by interviewing the people involved, as well as any witnesses. New York State has mandatory arrest laws requiring the police to make an arrest when they have reasonable cause to believe that the person has committed an act of domestic violence.

What Charges Will I Face If I Am Arrested In A Domestic Violence Scenario?

Long Island domestic violence lawyer

Depending on the degree of injury and whether or not a weapon was used, someone accused of domestic violence could be charged with some level of Assault or Harassment in the Second Degree. If there was an Order of Protection already issued for the alleged victim, then the charges could include misdemeanor or felony Criminal Contempt.

Is An Order Of Protection Automatically Put In Place After A Domestic Violence Arrest?

While an Order of Protection is not automatically put in place after a domestic violence arrest, in most instances of alleged domestic violence the judge will issue an Order of Protection in favor of the alleged victim at the arraignment.

What Are The Penalties For A Domestic Violence Conviction In New York State?

Just like any offense, the penalties for domestic violence cases in New York State depend on the level of crime for which the person is convicted (i.e., felony, misdemeanor, or violation).

What Happens If An Alleged Victim Recants Allegations Of Domestic Violence?

If the alleged victim goes to the prosecution and changes their story, the charges could be dismissed. Alternatively, this could result in a favorable plea offer. If the alleged victim refuses to assist in the prosecution in any way, the case will eventually be dismissed on speedy trial grounds.

For more information on Domestic Violence Offenses In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Possible Defenses Against Domestic Violence Cases in New York

There are many possible defenses against allegations of domestic violence in New York. In this section, we will discuss the most common defenses used. While these defense strategies may not be comprehensive, they can be helpful in understanding your case and how you can fight the charges against you.

One of the most common defenses used in domestic violence cases is the absence of proof. Without proof, the prosecution cannot prove the case of domestic violence, and thus the defendant cannot be charged. Lawyers who are skilled in handling domestic violence cases can spot flaws or contradictions in the prosecutor’s argument.

Furthermore, if you can prove that you’re not the one who committed the crime, then you have a solid defense. Having an alibi may help you prove that you were elsewhere at the time of the physical offense. It is possible to find witnesses who may testify that you were present with them and not with the victim. You can support your case by providing photos or videos that were time-stamped.

Another common defense for domestic violence cases is that the defendant is being wrongfully accused. It is possible for a defendant to be falsely accused, especially in contentious divorce cases. One spouse may claim that the other was abusive in an attempt to obtain more money, custody, or satisfy some vendetta. It is possible to protect yourself by identifying inconsistencies and alibis from the opposing story.

Lastly, self-defense is also a great defense against domestic violence allegations. For this defense strategy, you have to show that you acted in self-defense. This could be, for example, when someone strikes you and you need to respond to stop them. However, it can be difficult to plead self-defense if you have elicited aggression towards you. You may have used verbal threats and hostile hand movements to incite someone. In such cases, it can be very difficult to use self-defense since you incited violence towards yourself.

Speaking to an experienced domestic violence defense lawyer can help you explore what options you may have. A skilled lawyer may also be able to help you receive a more favorable outcome. Jason Bassett Criminal Attorney has years of experience defending clients who are facing domestic violence allegations. Contact us today to schedule a free consultation. 

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/how-does-new-york-state-law-define-domestic-violence/ How Does New York State Law Define Domestic Violence?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/how-does-new-york-state-law-define-domestic-violence/