Queens
Domestic Violence
Lawyer
Representing Clients in Domestic Violence Cases in Queens, NY
The term “domestic violence” refers to any instance of violence between members of the same family or the same household. These cases are complicated from a legal perspective because they often draw upon both civil and criminal law. If you are convicted of domestic violence, you may not only face criminal punishment, including fines and incarceration, but also a loss of your child custody rights and other civil penalties.
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We Offer Comprehensive Defense Counsel
At the Law Offices of Robert Tsigler, PLLC, we provide comprehensive defense counsel to those accused of committing domestic violence in Queens, NY. A domestic violence defense attorney is your best asset if you find yourself in this situation. We can help you understand the most likely outcomes of your case and assist you in creating a viable defense.
What Qualifies as Domestic Violence in Queens?
“Domestic violence” is not a separate crime in New York. It describes certain offenses, called family offenses, committed between members of the same family or household. Under New York law, that includes:
- Married spouses who cohabitate or live separately.
- Relatives by blood or marriage, whether or not they live together.
- Former spouses and romantic partners.
- Unmarried parents.
- Married parents and their children.
- People who are or have been in an intimate relationship, even if they never lived together.
Common Domestic Violence Charges in New York
New York prosecutes domestic incidents under its regular criminal laws. Common charges include:
- Harassment in the second degree (§240.26): a violation.
- Stalking in the fourth degree (§120.45): a Class B misdemeanor.
- Assault in the third degree (§120.00), aggravated harassment in the second degree (§240.30), criminal obstruction of breathing (§121.11) and criminal contempt in the second degree (§215.50), which covers violating an order of protection: Class A misdemeanors.
- Strangulation in the second degree (§121.12): a Class D felony.
- Criminal contempt in the first degree (§215.51): a Class E felony; covers certain order-of-protection violations.
Judges in Queens commonly issue an order of protection at arraignment, and violating it can bring a new criminal contempt charge.
Wrongfully Accused Need Counsel They Can Trust
Unfortunately, some people will initiate domestic violence and then call the police claiming they were victimized. If you find yourself in such a situation, it can be a very distressing and isolating experience, and it may feel as though the authorities are working against you unfairly. If you are wrongfully accused of domestic violence, it is essential to have legal counsel you can trust from a Queens domestic violence defense attorney.
Potential Defenses Against Domestic Violence Charges
One of the most challenging aspects of most domestic violence cases is the lack of material evidence. In many cases, the police have nothing to go on aside from the word of the accuser. In these “he said, she said” scenarios, the accused may feel as though they have no one on their side and they are being wrongfully arrested. If you want to overcome this type of situation, it is best to exercise your right to remain silent during and after your arrest and to secure legal counsel from a trustworthy Queens domestic violence defense lawyer as soon as possible.
Your attorney can help you explore the available defenses in your situation, which may include:
- Self-defense. Many domestic violence cases involve wrongful accusations, and investigations reveal that the accuser is the one who instigated the situation. If you acted in self-defense, your attorney could help you determine what evidence you need to prove the truth of the matter.
- Lack of evidence. Some domestic violence accusations have little to no evidence to support them. If you have been accused of domestic violence, but your accuser lacks substantial evidence, your attorney can use this to your advantage to have your case dismissed, and your charges dropped.
- Mistaken identity. It’s possible to be accused of domestic violence because you resemble the actual perpetrator. For example, if your ex-partner accuses you of stalking because of a person who looks like you have been following them home from work, you can explain the situation to your attorney and establish an alibi that proves your innocence.
- Intentional false accusations. Unfortunately, some people submit false reports of domestic violence to the police out of spite or in hopes of some personal gain. For example, if you are divorcing and your spouse accuses you of domestic violence to secure greater child custody rights, your attorney can help you uncover the truth and prove that the accuser is levying knowingly false accusations for personal gain.
Potential Penalties for Domestic Violence Conviction
New York prosecutors take domestic violence cases very seriously. If you are accused of domestic violence of any kind and found guilty, the penalties you face depend on the severity of the offense in question. Some domestic violence charges will incur fines, incarceration, and probation. In some cases, the accused may be beholden to a protective order and cannot come into physical proximity of their victims. It is also possible for a parent convicted of domestic violence to lose their custody rights. Custody is decided separately in Family Court, so a reliable Queens family lawyer may need to be part of your defense team.
If you face any of these penalties, it is vital to start working with a domestic violence defense attorney in Queens as soon as possible. The sooner you secure legal counsel, the better your chances will be of preserving vital evidence and securing witness testimony that may help you prove your innocence.
Frequently Asked Questions About Domestic Violence Charges in Queens
Where are domestic violence cases heard in Queens?
Most domestic violence misdemeanors are handled in Queens County Criminal Court in Kew Gardens, and felonies move to Queens County Supreme Court. Related custody or civil order of protection matters often go to Queens Family Court in Jamaica. Your lawyer should coordinate across all of them so nothing said in one court hurts you in another.
Can I go home after a domestic violence arrest in Queens?
Not if the judge issues a full order of protection at arraignment, which can bar you from your own home even if you’re on the lease. Judges in Queens often issue these orders in domestic cases. Ask your lawyer to request a limited order and to arrange a police escort so you can collect your belongings.
What is a strangulation charge in New York?
Criminal obstruction of breathing or blood circulation is a class A misdemeanor in New York, and it becomes second-degree strangulation, a class D felony, if it causes loss of consciousness, stupor or physical injury. Medical records and photos from that night often decide which level gets charged. Your lawyer should get that evidence early.
Can a domestic violence charge affect my immigration status?
Yes. A conviction for a crime of domestic violence, stalking or violating certain orders of protection is its own ground of deportation under federal immigration law, even for green card holders. Raise immigration concerns at your very first meeting with your lawyer so any plea protects your status.
Can domestic violence charges be dropped in Queens?
The complaining witness can’t drop them, but the Queens District Attorney can. Cases get dismissed when the evidence is weak or when prosecutors miss their speedy trial deadline, which is 90 days for most misdemeanors. Your lawyer will track that clock closely.
Why Choose Our Queens Domestic Violence Attorneys?
When you choose the Law Offices of Robert Tsigler, PLLC, to handle your domestic violence case, we will begin by carefully reviewing the details of your case, the circumstances of your arrest, and the evidence in play to determine the most likely outcome of your case. The prosecution has the burden of proving guilt beyond a reasonable doubt, and our job will be to prevent this from happening by challenging their evidence and providing contradictory evidence of our own. If your constitutional rights were violated in any way during your arrest and booking, we can highlight these issues and bring them to the forefront of your case, potentially qualifying it for dismissal at the earliest stages.
If you are ready to speak with a reliable and experienced Queens domestic violence defense lawyer about your case, contact the Law Offices of Robert Tsigler, PLLC, today and learn more about the legal services our team can provide.
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