Law Office of Luke Scardigno - Queens Criminal Defense Attorney

Queens Criminal Law Blog

These 3 defenses can help with a domestic violence case

If you're accused of abusing your partner, wife, husband or other person you're in a relationship with, you could face charges for domestic violence. While many of these charges are not fair, the police have no choice but to carry out their duties and separate the parties. In most cases, that means that at least one person will be arrested when a call is made.

If you are arrested for alleged domestic abuse, you may think that there's nothing you can say or do to change the outcome of this case, even if the allegations are false. Fortunately, that's not true. There are a number of defenses that can work in your favor.

Breath tests: Don't refuse unless you want to lose your license

You were stopped by police unexpectedly, so it's not surprising that you were offended when they asked that you take a breath test. You had a drink or two, but you didn't think it was enough to affect your driving. You don't even believe you did anything to cause them to pull you over, but they claimed that you were speeding.

You want to refuse to take the test out of pride, but it's honestly better to take the breath test instead of rejecting it. With a breath test, you can show that you aren't intoxicated. If you refuse it, you'll automatically face penalties.

Understand the forms of domestic abuse

Domestic abuse is an important topic to discuss, because it's often misunderstood. While many people believe that domestic abuse is only when someone is physically hurt by their spouse or partner, the reality is that abuse takes many forms.

Domestic violence is perhaps better explained as intimate partner violence or relationship abuse. It usually happens between partners, though it can involve children or other family members in some cases.

In your defense: Here's why to rely on your attorney

There are many different ways to defend against allegations of criminal actions. Some of the possibilities are to prove insanity, automatism, mistake of fact or self-defense. As someone who is willing to admit that you did commit a crime and made a mistake, you may be asking what the best options are.

You can't blatantly lie on the stand if you go to court, but you also don't want to be found guilty. What should you do?

DUIs and medical conditions: Mimicking the effects of alcohol

As someone who lives with a medical condition, you know that some of your symptoms can mimic intoxication. For the most part, this isn't a problem, because you're able to treat the condition before it causes those effects. For example, if you're diabetic, taking insulin or eating can resolve any unusual symptoms. Similarly, those with epilepsy may be able to take medications that reduce the likelihood or severity of seizures that could make them act in unusual ways.

Judges, medical providers and even the police know that medical conditions can lead to the appearance of intoxication. Officers are trained to recognize when a person needs medical care, but they won't always be able to distinguish that right away. It is important to carry a medical card on hand and to have it where it's easy to find. Additionally, you should attempt to explain what's happening or call 911 as soon as you realize that you are having complications of your medical condition.

Know the statistics: Domestic violence in New York

As you probably know, domestic violence is a problem in many homes in America. If you were accused of causing violence in your home, this can lead to serious charges and penalties.

The reality is that you are not alone when it comes to facing charges for domestic violence. Police agencies outside New York City reported 27,161 offenses by intimate partners in 2017. Of those, women were the victims in 80 percent of the cases, while men made up the remaining 20 percent of victims.

Know your rights when facing a DUI: Penalties add up

All of the states have laws regarding excessive alcohol use before driving. Federally, the legal limit is .08 percent. You may realize that you can end up with a DUI or DWI for driving while intoxicated. These charges are normally the same, though they may be different across states.

One thing that many people don't realize is that you can get a DUI without reaching the .08 percent limit. If a person is intoxicated enough that their driving is dangerous or reckless, then the police have the potential to take them off the road, take them to the station and penalize them with a DUI charge.

A conviction isn't simple: Here's what you should know

Drug crimes in New York have the potential to affect your life in many ways. You may end up losing your freedoms and going to jail, or you could end up paying thousands of dollars in fines and fees.

What's most important for people to know is what it takes to obtain a conviction. It's impossible for the prosecution to get a conviction without the right evidence or support for their claims. For example, there can be an accusation that you had heroin in your possession, but if the evidence goes missing, there's nothing that the prosecution can do to hold you accountable.

False accusations: Ruining reputations in an instant

There is nothing quite as shocking as being falsely accused of abusing another person. What was an innocent argument between spouses could become the center of allegations just because your spouse wants to put you on the spot or protect their own interests when they file for divorce. Some people want to slander you and make you look bad to others as a way of punishing you, even if you don't deserve it.

Still, false allegations are serious business. There is no reason that you should be falsely accused of a crime, even if the other person is angry at you. This is a disgusting act to commit against another person.

Watch out for secondary effects from DWI charges in New York

Getting arrested for driving while intoxicated (DWI) in New York is serious. After all, there are a host of potential legal consequences, ranging from fines and jail time to the loss of your license. Many people focus immediately on minimizing the criminal consequences of their charges.

Fewer people stop to think about the potential long-term social consequences and other secondary consequences not directly a result of a criminal conviction. Unfortunately, that short-sighted approach can lead people to do things, such as pleading guilty, that could end up hurting them in the long term. You could lose out on a job or end up paying a lot more for car insurance.

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