Domestic Violence Attorney In New York
The consequences of domestic violence allegations can be detrimental to your professional reputation as well as your personal and family life. If you are facing domestic violence charges, you will need an experienced criminal defense attorney who understands criminal law and how domestic violence charges can impact family law proceedings.
With more than 30 years of experience in the New York criminal justice system, I can help you fight the charges you are facing. Located in Queens County, Kew Gardens, I am attorney Luke Scardigno, and I defend clients charged with domestic violence acts in New York. If you’re being charged with DV-related crimes, reach out to me for a free consultation. Call 718-414-6186 or email me today.
TABLE OF CONTENTS - DOMESTIC VIOLENCE
The Complexities Of Dealing With Domestic Violence Charges
If you face accusations of domestic violence involving a spouse, partner, child, sibling, other family member or pet, you likely feel confused and overwhelmed. You probably have many questions. One of the most confusing aspects of a domestic violence case is when your accuser decides they don’t want to press charges. I can explain why a prosecutor will still attempt to pursue the case anyway.
I will protect your rights throughout the criminal court process. When I take on a domestic violence case, I will be there to help:
- Investigate the allegations against you
- Contact the police to discuss the allegations involved
- Help you surrender to the police if necessary
- Challenge an order for protection
- Defend you against the domestic violence charges in criminal court
I approach each case with sensitivity and professionalism. In my experience, I know this is a difficult time, and my goal is to help you get your life back to the way things were before your arrest.
Surrendering To The Police
When a police officer or detective tells you that “anything you say can and will be used against you,” they mean it. The problem is that you may not get those warnings until after the police question you. You should never walk into a police interrogation situation without knowing your rights. You should always bring your attorney with you. Do not speak to the police without being represented by defense counsel.
Even if an officer or detective says that you just need to straighten a few things out and asks you to come to the precinct, you should take a criminal defense attorney who understands the criminal justice system with you. I can protect your rights by contacting the police on your behalf. I will properly explain your side of the story to the police and offer evidence that may prevent you from being arrested. I can facilitate your surrender if it becomes necessary. With my help, you can avoid having the police show up unannounced at your home, or even worse, your place of employment, to place you under arrest.
Common Charges Associated With Domestic Violence Allegations
New York law does not define domestic violence as one specific crime. Instead, it is a category of offenses against family members or people in an “intimate” relationship. The District Attorney’s office prioritizes these cases. A minor disagreement can quickly lead to serious criminal charges and long-term consequences.
I will defend you against any domestic violence charges, including these common allegations:
- Physical assault
- Threats of physical violence, known in New York as harassment
- Strangulation, known as criminal obstruction of breathing
- Child abuse, neglect or another form of endangering a child’s welfare
- Making threats and menacing a family member
- Criminal mischief, such as damaging someone’s personal property like a cellphone or tablet
- Violations of protective orders
As your criminal defense attorney, I will be by your side throughout the process for whatever domestic violence charges are brought against you. Through creative investigation, skilled negotiation and careful preparation, it is possible to have these cases dismissed. If that is not possible, then I will discuss the possibility of the charges being reduced to a noncriminal offense, such as a violation of disorderly conduct or harassment, if your case calls for that type of disposition.
Understanding Menacing Charges
Menacing involves threatening another person. The threat must cause fear of death or serious physical injury. New York ranks these charges by the severity of the threat, the use of weapons or your prior criminal history.
- Third-degree menacing (NYPL § 120.15): This is a Class B misdemeanor. It occurs when a person intentionally places or tries to place another person in fear of death or physical injury.
- Second-degree menacing (NYPL § 120.14): This is a Class A misdemeanor. This charge often applies if a person displays a deadly weapon or a dangerous instrument. It also applies if a person shows something that looks like a firearm while making threats. You may also face this charge if you violate a stay-away order of protection.
- First-degree menacing (NYPL § 120.13): This is a Class E felony. This charge applies if you commit Second-Degree Menacing and have a prior conviction for the same crime. It also applies if you have a prior conviction for Menacing a Police Officer within the last 10 years.
- Menacing a police officer or peace officer (NYPL § 120.18): This is a Class D felony. It is a separate and more serious charge. It applies when a person intentionally places an officer in fear of injury or death. This usually involves displaying a deadly weapon or firearm while the officer performs official duties.
You should speak with a lawyer immediately if you face any menacing charge. You may face fines, probation or jail time. A conviction affects your background check for a long time. However, New York law might help. The Clean Slate Act allows for the sealing of records after a specific period of crime-free behavior. Menacing charges often appear alongside other domestic violence allegations. Our firm can help you address these charges. Call us to talk about your case.
Fighting Orders Of Protection
I also have extensive experience challenging orders of protection in family court and in the Supreme Court Integrated Domestic Violence system, commonly referred to as Integrated Domestic Violence (IDV) court. New York City has established Integrated Domestic Violence (IDV) courts as criminal courts for each county in the area.
Full “stay away” restraining orders of protection, which are always part of a domestic violence case, can make life difficult to manage. You may not be able to go to your home, and you may not be able to see your children. You cannot go home, even to pick up your clothes or personal belongings, without a court order. If there is an order of protection against you, I will work hard to:
- Arrange a way for you to pick up your belongings without violating the order of protection
- Ask a family court judge to grant you visitation rights if your children were included in the order of protection
- Have the order of protection fully terminated or have it reduced to a limited order of protection, which means you can see, be around, talk to and even live with the person named in the order of protection as long as you do not assault, threaten, menace or harass the party named in the order
Domestic violence charges are hard on the entire family, and I understand how important it is to have access to the essentials of your daily life and to spend time with your children during this time.
Consequences And Penalties Of A Domestic Violence Conviction
An experienced criminal defense attorney needs to handle domestic violence cases because they understand the consequences beyond your court case. If not handled properly, accusations of domestic violence can lead to:
- Jail time and fines
- Fines
- Probation
- Restraining orders and orders of protection
- Violations of orders of protection
- The loss of child custody and visitation rights
- Exclusion from your home
- The loss of your job
Accusations of threats, assault and harassment by a spouse or partner are often connected to a divorce or family court offense or custody and visitation proceedings. I am able to assist you in family law matters as well. Not all lawyers are qualified to handle both criminal and family court matters. In my decades of courtroom and legal experience, I can see how one case affects the other, and I will fight to protect your rights in all respects.
Consult An Experienced Domestic Violence Lawyer For Free
Contact me online or call me at 718-414-6186 as soon as possible for a free consultation. As an experienced domestic violence lawyer, let me use my extensive knowledge to represent you in Queens, Brooklyn, New York City and the Bronx, as well as Nassau and Suffolk counties, in all cases involving domestic violence, assault, harassment and violations of orders of protection. My office is located close to the Queens Criminal Courthouse.
Spanish, Italian and Greek language services are available.
