The Bronx Domestic Violence Defense Lawyer

Domestic violence charges can quickly turn your life upside down. These cases, often called family offenses in New York, involve accusations of violent or threatening behavior toward family members or intimate partners. In The Bronx, as in the rest of New York, these charges can encompass a range of crimes, including assault, harassment, stalking, and more.

Our dedicated team at Brill Legal Group understands that domestic violence cases are highly emotional. Both parties may say or do things they regret. If you find yourself accused of domestic violence, it’s crucial to have a knowledgeable defense attorney by your side to navigate these complex legal waters.

The Impact of New York’s Bail System on Domestic Violence Cases

One of the first concerns for anyone arrested for domestic violence is the possibility of posting bail. In 2020, New York implemented bail reform laws that significantly altered the pre-trial detention landscape. However, these changes may not benefit everyone equally, especially those facing domestic violence charges.

For most misdemeanor offenses, pre-trial detention without bail is eliminated, except for misdemeanors involving sexual offenses or criminal contempt related to domestic violence. Non-violent felonies also generally avoid cash bail, but exceptions include felony criminal contempt in domestic violence cases and certain sex offenses. On the other hand, violent felony offenses still allow for both cash bail and pre-trial detention without bail.

Prosecutors in The Bronx often request bail in domestic violence cases, presenting the accused as a threat to the complainant. Judges frequently set bail based on these claims. Therefore, having an experienced defense attorney is imperative to ensure that any bail set is fair and that other, less restrictive alternatives are considered under the new bail reform laws.

Navigating Orders of Protection in Domestic Violence Cases

When you’re arrested for domestic violence, a New York court may issue a temporary order of protection. These orders are designed to safeguard the complaining witness and can impose various restrictions on the defendant, such as staying away from the witness’s home or place of employment and refraining from committing any family offense.

Temporary orders of protection can significantly disrupt your life, forcing you to find new housing, leave your job, or limit your contact with your children. Judges have considerable discretion in issuing these orders, and the prosecution will often push for their implementation.

At Brill Legal Group, we understand the impact these orders can have on your life. Our attorneys are well-versed in the laws surrounding temporary orders of protection and are skilled in advocating for minimal restrictions. We aim to help you continue living your life while dealing with the legal challenges ahead.

Defending Against Domestic Violence Allegations

Domestic violence cases in The Bronx can involve a variety of crimes, including but not limited to:

• Assault or Attempted Assault: Any unwanted physical contact or attempt to cause physical harm.
• Stalking: Repeatedly following or contacting someone in a way that causes them fear.
• Threats and Intimidation: Actions or words intended to instill fear in the victim.
• Sexual Abuse: Any non-consensual sexual act.

Regardless of the specific charge, these cases often involve family members and are highly emotional. Witnesses may later admit that the allegations were exaggerated or false, but once a case is filed, only the prosecution can decide to withdraw it. Our team knows how to expose bias and falsehoods, ensuring that you receive a fair trial.

Plea Agreements in Domestic Violence Cases

Many domestic violence cases do not go to trial. Instead, the defendant may choose to plead guilty in exchange for a negotiated sentence. This can provide certainty and reduce the risk of harsher penalties. However, pleading guilty is a deeply personal decision and not suitable for every case.

At Brill Legal Group, our experienced negotiators work with prosecutors to secure favorable plea agreements for our clients. Our founder, Peter Brill, is a former prosecutor with over 20 years of experience, giving us unique insight into the prosecution’s mindset. We prepare compelling mitigation reports to present our clients as individuals, not just defendants, which can lead to fairer offers. If a satisfactory plea agreement cannot be reached, we are prepared to take your case to trial.

FAQs

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 follow its terms strictly. Violating the order can result in additional criminal charges. Contact a defense attorney immediately to discuss your options and how to contest or modify the order.

Can a domestic violence charge be dropped if the alleged victim recants their statement?

While a recantation can impact the case, only the prosecution has the authority to drop charges. The alleged victim’s recantation does not automatically result in dismissal. A skilled defense attorney can use the recantation as part of a broader defense strategy.

What are the potential penalties for a domestic violence conviction in The Bronx?

Penalties for domestic violence convictions vary based on the severity of the charge. They can range from fines and probation to lengthy prison sentences. Additionally, a conviction can result in a permanent criminal record, affecting employment opportunities and personal relationships.