Brooklyn
Domestic Violence
Lawyer
Domestic Violence Attorney in Brooklyn
“Domestic violence” is a broad legal term used to describe interpersonal violence between family members or members of the same household. When the police respond to a call for domestic violence in Brooklyn, they have a duty to arrest the accused to prevent further harm to the alleged victim. Unfortunately, false accusations of domestic violence are common in response to personal conflicts between spouses, domestic partners, and even roommates and extended family members who live under the same roof.
New York prosecutors are aggressive in their pursuits of convictions for domestic violence offenses. Due to the nature of most domestic violence cases, it’s easy for the accused to feel isolated and hopeless when they believe there is no way to defend themselves against the word of their accuser. Additionally, eyewitness testimony and physical evidence may be minimal, seemingly offering little to no room for the accused to defend themselves.
If you find yourself in this situation and are facing conviction for any type of domestic violence, it is essential to seek legal counsel from an experienced Brooklyn domestic violence defense attorney immediately after your arrest. Conviction for any type of domestic violence can lead to fines and jail time as well as professional consequences and even a loss of your custody rights. If you want to avoid or mitigate these penalties as much as possible, you need defense counsel you can trust.
Brooklyn Domestic Violence Case Results
Strangulation Charge Dismissed (Immigration Status Protected)
Court: Kings County Criminal Court (Brooklyn)
The Situation: The client was charged with Strangulation in the Second Degree, a serious Class A misdemeanor domestic violence offense. As a Lawful Permanent Resident, a conviction carried the immediate threat of deportation and the loss of his green card. Despite the complainant’s desire to drop the charges, the prosecution aggressively moved forward under strict domestic violence policies.
The Defense: Our firm immediately focused on the immigration sensitivities and secured a non-prosecution affidavit. When the District Attorney refused to dismiss the case early, we strategically monitored the “Speedy Trial” clock. By tracking the prosecution’s failure to meet statutory deadlines and ensuring time was charged appropriately to the government, we positioned the case for a procedural victory.
Timeline: Resolved in approximately 4 months
The Victory: The case was dismissed in its entirety on Speedy Trial grounds. The client avoided a criminal record, the permanent stay-away order was vacated, and his permanent resident status was fully protected.
Why Choose Our Brooklyn Domestic Violence Attorneys?
When you need a Brooklyn domestic violence defense lawyer, it is vital to choose an attorney who can provide comprehensive, responsive, and detail-oriented legal counsel throughout every phase of your case. Our team has years of experience providing robust defense counsel to clients facing some of the most challenging criminal cases. Even when there is an apparent lack of exculpatory evidence in a domestic violence case, our team can help you develop a functional defense strategy that works.
We explore every avenue of defense on our client’s behalf in every case we accept. Facing an accusation of domestic violence can be incredibly stressful and it’s natural to worry about potential sentencing. We will gather eyewitness statements whenever they are available, challenge the validity of any physical evidence the prosecution presents, and closely examine the accuser’s statements to look for inconsistencies in their story. Rest assured our team can help you explore every possible option for defense in your domestic violence case.
Understanding NY Domestic Violence Charges
- Married or divorced spouses.
- Unmarried parents of children.
- People related by marriage.
- Siblings, cousins, and extended blood relatives.
- Roommates or unrelated members of the same household.
- Unrelated people in intimate relationships or people who are dating.
If the relationship between the accused and the accuser meets any of these definitions, the case will fall under the purview of New York domestic violence laws. Some examples of offenses that can qualify as domestic violence include:
- Assault, or the threat of force against another person.
- Assault and battery, or the completed threat of force against another person.
- Aggravated battery, which defines the use of violence against another person that results in serious physical harm to the victim.
- Strangulation, or the forcible closing of the victim’s airways with one’s hands, a cord, or similar instrument.
- Menacing, which is a somewhat vague term that generally applies to any situation in which the accused creates an oppressively hostile environment for the victim, causing emotional distress and consistent fear for the victim’s safety.
- Stalking, which includes following the victim without their consent, leering through their windows, or terrorizing them in their own home.
These are just a few examples of actions that can potentially qualify as domestic violence, depending on the relationship between the accused and the accuser. Depending on the severity of the offense, the accused could face misdemeanor or felony charges that entail sentences of multiple years in prison, tens of thousands of dollars in fines, and restitution to the victim. Crimes involving minor children are prosecuted much more aggressively, and a convicted offender could lose their custody rights and face even more substantial punishment than they would had the victim been an adult.
Potential Defenses Against Domestic Violence Charges in Brooklyn, NY
If you are accused of committing any type of domestic violence, you should consult your domestic violence defense attorney in Brooklyn immediately to determine your best available defenses. Many claims of domestic violence are exaggerated, misconstrued, or outright falsified. Some of the most effective defenses available to the accused in a domestic violence case include:
- Justifiable use of force. Parents are allowed to physically discipline their children within reason. It’s possible to defend against an accusation of domestic violence if the accused can prove they acted within the boundaries of the law regarding the physical discipline of their children.
- Self-defense. It’s not uncommon for the aggressor of domestic violence to attempt to accuse their victim of initiating the violence in question. Your attorney can help you prove that you acted in self-defense by coordinating expert witness testimony from a medical professional who can explain defensive wounds you sustained or from eyewitness testimony.
- Mental disease or defect. If the accused suffers from a mental health disorder or some other condition that results in diminished responsibility for their actions, they may qualify for alternative sentencing and avoid the harshest penalties for domestic violence.
Domestic Violence Penalties in New York
Domestic violence penalties in New York depend on the specific criminal charge, the level of harm, and whether the offense is classified as a misdemeanor or a felony. Misdemeanor assault in the domestic violence context can be punished by up to one year in jail and fines up to $1,000. Felony assault charges carry higher sentencing ranges, and the most serious degrees can result in prison sentences of up to twenty‑five years. New York also treats strangulation and related conduct very seriously – even misdemeanor‑level obstruction of breathing or blood circulation can carry up to one year in jail, while felony strangulation offenses can lead to substantial state prison terms and strict court supervision, including participation in domestic‑violence‑related programs as ordered by the judge.
Beyond criminal penalties, a domestic violence conviction triggers collateral consequences that extend far beyond the courtroom. You may face mandatory protective orders that restrict where you can live and work, loss of firearm rights, immigration consequences including deportation for non-citizens, and severe damage to professional licenses and employment opportunities. Courts may also impose mandatory batterer intervention programs, community service, and lengthy probation periods with strict monitoring.
The NYPD enforces mandatory arrest policies in domestic violence cases, meaning officers must make an arrest when they have probable cause to believe a domestic incident occurred. This aggressive enforcement approach leaves little room for de-escalation at the scene and underscores why immediate legal representation is critical to protecting your rights and future.
Types of Domestic Violence Cases We Handle
Our firm handles the full spectrum of domestic violence charges prosecuted in Brooklyn courts. We defend clients facing assault and battery allegations ranging from simple assault to aggravated assault with serious injury. Strangulation cases, which carry particularly severe penalties and immigration consequences, require specialized defense strategies that we implement to protect our clients’ liberty and status.
We provide experienced representation for:
- Harassment and menacing charges
- Stalking and criminal contempt
- Violation of protective orders
- Domestic violence court proceedings
- Family offense petitions
We also defend clients in cases involving VAWA-related proceedings when immigration status intersects with domestic violence allegations. These cases demand attorneys who understand both criminal defense and the immigration consequences that can flow from a domestic violence conviction. Whether you’re facing misdemeanor charges or felony accusations, we build defense strategies tailored to your specific circumstances and priorities.
FAQs About Brooklyn Domestic Violence Laws
Will I go to jail for a first-time domestic violence charge in Brooklyn?
Not necessarily – many first-time offenders avoid jail through plea negotiations, diversion programs, or dismissals when we identify weaknesses in the prosecution’s case. However, the outcome depends heavily on the severity of the charge, the evidence against you, and the quality of your legal representation, which is why consulting an experienced Brooklyn domestic violence attorney immediately after arrest is essential.
Can a protective order affect my child custody rights?
Yes, protective orders can severely impact custody arrangements by restricting your contact with your children and creating a presumption against custody or unsupervised visitation in family court proceedings. We work to challenge unwarranted protective orders and negotiate modifications that allow you to maintain meaningful relationships with your children while your case moves forward.
What should I do if I’ve been falsely accused of domestic violence?
Do not contact the accuser or attempt to resolve the situation on your own – this often backfires and creates evidence the prosecution will use against you. Instead, contact our team immediately so we can begin documenting your defense, preserving exculpatory evidence like text messages or witness statements, and challenging inconsistencies in the accuser’s story before the prosecution builds momentum.
Do domestic violence charges stay on my record permanently?
A conviction will remain on your criminal record unless you qualify for sealing or expungement years later, which is why fighting the charge now is critical. Dismissals and acquittals do not result in convictions on your record, and in some cases we can negotiate Adjournments in Contemplation of Dismissal (ACDs) that result in automatic sealing after a period of compliance, protecting your future without a permanent criminal record.
The team at the Law Offices of Robert Tsigler, PLLC can help you determine your best available defenses when you have been accused of any kind of domestic violence. Our firm has successfully represented many past clients facing seemingly hopeless cases and helped them secure dismissals or lightened sentencing thanks to our aggressive and detail-oriented approach to criminal defense representation. If you are ready to talk to a compassionate and skilled Brooklyn domestic violence defense lawyer about your situation, contact the Law Offices of Robert Tsigler, PLLC today and schedule a case evaluation with our team.
Brooklyn
Practice Areas
Latest Result
Dismissed
We Set the Bar Others Strive to Reach
The Domestic Violence Law firm of Robert Tsigler, PLLC is Ready to Fight for You!
DON'T
DELAY
discuss your case right away.
