Brooklyn Domestic Assault Defense Lawyer

Facing domestic violence charges in Brooklyn can be incredibly daunting, but understanding the ins and outs of these cases can make a significant difference in how you handle your defense. At Brill Legal Group, we are committed to providing thorough and experienced legal representation to those accused of domestic violence. Here’s what you need to know if you’re in this situation.

Understanding Domestic Violence Charges in Brooklyn

Domestic violence charges in Brooklyn encompass a wide range of offenses, all of which are taken very seriously by the courts. In New York, a domestic violence offense is defined based on the relationship between the alleged victim and the accused, rather than the nature of the crime itself. This includes relationships such as blood relatives, spouses, former spouses, co-parents, and intimate partners.

Common charges in domestic violence cases include:

• Assault or attempted assault
• Stalking
• Harassment
• Coercion
• Reckless endangerment
• Strangulation
• Menacing
• Forcible touching
• Sexual abuse

These charges can lead to severe penalties, including imprisonment, fines, and lasting impacts on your personal and professional life. It’s crucial to have a skilled defense lawyer who can navigate these complex issues and advocate on your behalf.

The Role of Orders of Protection

When someone is accused of domestic violence in Brooklyn, a court may issue an order of protection. These orders are designed to limit contact between the accused and the alleged victim and can include various requirements such as:

• Staying away from the alleged victim’s home, school, or place of employment
• Refraining from committing any family offenses
• Allowing supervised visitation of minor children

Violating an order of protection can result in additional charges, making it essential to understand and comply with all conditions. Our team at Brill Legal Group has extensive experience in handling cases involving orders of protection, and we strive to minimize their impact on your life.

Navigating New York’s Bail System for Domestic Violence Charges

One of the first concerns for many facing domestic violence charges is the issue of bail. The New York bail reform laws, which took effect in January 2020, have made significant changes to how bail is handled. However, those accused of domestic violence may still face pre-trial detention.

Under the new rules, misdemeanor offenses generally do not require cash bail or pre-trial detention, except for specific cases involving sexual offenses and criminal contempt. For violent felony offenses, both cash bail and pre-trial detention are still options. This makes it essential to have a criminal defense attorney who can advocate for fair bail conditions.

At Brill Legal Group, we work diligently to ensure that our clients have the best possible chance of being released on bail, allowing them to prepare their defense from outside the confines of jail.

Plea Agreements in Domestic Violence Cases

While many domestic violence cases do not go to trial, a significant number are resolved through plea agreements. These agreements involve the defendant pleading guilty in exchange for a negotiated sentence, providing a level of certainty that can be appealing to some.

However, plea agreements are not suitable for everyone. The decision to accept a plea deal is highly personal and depends on the specifics of the case. Our team at Brill Legal Group has a strong track record of negotiating favorable plea agreements, but we are also prepared to take cases to trial if necessary.

Our approach includes creating compelling mitigation reports that present our clients as individuals rather than just defendants. This personalized strategy can often lead to more favorable outcomes.

The Importance of Choosing the Right Domestic Violence Defense Attorney

Choosing the right defense attorney can make all the difference when facing domestic violence charges. At Brill Legal Group, our attorneys understand the emotional and legal complexities of these cases. We are dedicated to providing a robust defense that includes:

• Thorough investigation of the allegations
• Challenging the evidence presented by the prosecution
• Advocating for fair bail conditions
• Negotiating plea agreements when appropriate
• Preparing for trial to ensure the best possible outcome

Our founder, Peter Brill, brings over 20 years of experience on both the defense and prosecution sides, offering a unique perspective that benefits our clients. We are committed to putting our full knowledge and skill into every case, ensuring that our clients receive the defense they deserve.

Frequently Asked Questions

What should I do if I am served with an order of protection?

If you are served with an order of protection, it is crucial to comply with all the conditions outlined in the order. Violating the order can result in additional criminal charges. Contact a defense attorney immediately to understand your rights and to help minimize the restrictions imposed by the order.

Can I fight a domestic violence charge if the alleged victim wants to drop the case?

Even if the alleged victim wants to drop the case, the decision to continue or dismiss the charges lies with the prosecution. The prosecutor may still decide to pursue the case based on the evidence available. An experienced defense attorney can work to challenge the evidence and advocate for the dismissal of the charges.

How can a plea agreement benefit me in a domestic violence case?

A plea agreement can provide certainty by allowing you to know the exact penalties you will face, which can be less severe than those you might receive if convicted at trial. It can also expedite the resolution of the case, allowing you to move forward with your life. However, it’s important to discuss the potential benefits and drawbacks with your attorney before making a decision.

Facing domestic violence charges in Brooklyn is challenging, but with the right legal representation, you can navigate the complexities and work towards a favorable outcome. At Brill Legal Group, we are here to provide the support and defense you need every step of the way.