Staten Island Domestic Violence Defense Lawyer

Domestic Violence Defense Attorney in Staten Island

Facing domestic violence charges in Staten Island is an overwhelming situation to find yourself in. When an argument is construed into something much more, it can be difficult to voice the truth of what happened on your own. Whether you have been wrongfully accused of domestic violence at your home in Annadale or you are facing charges based on a misunderstanding that took place in Rossville, a Staten Island domestic violence defense lawyer can help.

Why You Need Greco Neyland, PC for a Domestic Violence Defense in New York

The team at Greco Neyland, PC, understands how sensitive and emotionally challenging a charge of domestic violence can be. We are here to stand up and act as your legal champion in the face of these accusations. Whether the allegations are rooted in some form of reality or are completely false, we are here to thoroughly investigate the details of the case, challenge any inconsistencies in the evidence or in the story of the alleged victim, and advocate for your rights.

At Greco Neyland, PC, we value honesty and transparency above all else. We can review your case and offer a frank assessment. Our team is led by two former prosecutors who have now turned their attention to the accused individuals of New York City. Thanks to their training, experience, and knowledge, our attorneys can identify errors in domestic violence cases and challenge the prosecution’s evidence to demonstrate weaknesses in the prosecution’s case.

In most cases of domestic violence in Staten Island, it will be handled through the Richmond County Criminal Court at 26 Central Avenue. The team at Greco Neyland, PC, is experienced in handling cases in this courthouse and can use this experience to the benefit of your case. Members of our team have been named to the Top 100 Trial Lawyers in America and Super Lawyers lists for several years in a row. Let us bring this level of legal excellence to your case.

Defining Domestic Violence Charges in New York

In New York and across Staten Island, domestic violence is typically used to describe several forms of harm that can be committed against persons involved in a domestic relationship. Nearly 24 people experience physical abuse by an intimate partner every minute, according to one study. When facing charges of this nature, it is important to understand how New York state legally defines domestic violence.

Examples of Abuse

In Staten Island, domestic violence is any kind of abuse or violence that involves the following parties:

• Adults and their stepchildren
• Married spouses, whether they live together or separately
• Former spouses
• Current or former romantic partners, whether living together or separately
• Parents and their children
• Roommates, housemates, or former roommates and housemates
• Unmarried co-parents, those who live together or who live apart from one another

When people hear the term “domestic violence”, they often immediately think of physical harm and abuse. While this is the most common form of domestic violence, one in three women and one in six men will experience physical violence from an intimate partner in their lifetime; there are several other forms of domestic violence that can take place. These include:

• Emotional abuse: This can include being accused of trying to undermine an alleged victim’s sense of self-worth and self-esteem. It can include allegations of constant criticism, name-calling, diminishing someone’s abilities, and damaging someone’s relationship with their children.
• Financial abuse: This can include allegations of restraining or controlling an alleged victim’s ability to gain, use, or maintain financial resources to which they are entitled. This can include alleged actions of fraud, coercion, or other misconduct to restrict someone’s access to assets, credit, money, or shared financial information.
• Sexual abuse: This can include any allegations of coercing or attempting to coerce someone into sexual contact or behavior without their consent. Sexual abuse in relation to domestic violence can look like marital rape, forcing sex after physical violence, or attacking the sexual parts of an alleged victim’s body. Roughly 2-10% of sexual assault allegations are proven false.
• Technological abuse: This can include any allegations of an act or pattern of behavior intended to harm, control, harass, monitor, threaten, exploit, or extort another individual through the use of technology. This can include internet-enabled devices, computers, cameras, apps, and location-tracking devices.
• Psychological abuse: Allegations of psychological abuse can include threatening physical harm to oneself, partner, or children, destruction of property and pets, forcing isolation from friends and family, school, and work, or fear by intimidation.

If you have been accused of any of these forms or other kinds of domestic violence in Staten Island, the team at Greco Neyland, PC, is here to come alongside you and determine the correct defense strategy to protect you from a possible conviction.

Penalties for Domestic Violence Convictions

When a person is accused and successfully convicted of domestic violence in New York, there are a number of penalties they can face. The penalties will typically depend on the severity of the allegations against them and whether any prior protective orders are in place. In most cases, however, a convicted individual can expect to face penalties such as:

• Large fines
• Probation
• Imprisonment
• Mandatory counseling programs or domestic violence treatment
• Facing a protective or restraining order
• Issues when dealing with future child custody battles

For these reasons, having an experienced domestic violence attorney on your side is critical. At Greco Neyland, PC, we are here to serve you.

Common Defense Strategies for Domestic Violence Charges

When facing domestic violence allegations, the help of a Staten Island domestic violence defense lawyer is essential. At Greco Neyland, PC, we can review your case and identify every possible defense that might work in your situation. Common defense strategies for domestic violence charges include:

• Self-defense: It is an all too common occurrence for people to initiate an act of domestic violence and then accuse you of the violence instead. If you have acted in self-defense, your attorney can help uncover the evidence required to prove the reality of the situation. One of the most valuable forms of evidence in a self-defense strategy is eyewitness testimony.
• Lack of evidence: If your partner accuses you of harming them, such as striking them or punching them, and there are no physical marks on their person or other forms of evidence, then this could be enough for your attorney to demonstrate that you have been falsely accused.
• Defense of others: If you were simply acting in the defense of others, such as in the defense of your children from an abusive co-parent, and that co-parent has accused you of domestic violence, the team at Greco Neyland, PC can get to the truth of the situation.
• Intentional wrongful accusations: If you have suffered a wrongful accusation out of malice or other intent, we can help. This is, unfortunately, a common occurrence in cases of divorce or child custody.

FAQs

What Are Crimes That Are Often Associated With Domestic Violence in New York?

In New York, there are several criminal charges that can be associated with the crime of domestic violence. These include charges of stalking, menacing, strangulation, the endangerment of the welfare of a child, obstruction of breathing or blood circulation in a victim, aggravated harassment, and criminal contempt or aggravated criminal contempt.

Can I Lose My Gun Rights if Convicted of Domestic Violence in New York?

Yes, there is a very large chance that if you are convicted of domestic violence in New York, you can lose your gun rights. This loss of rights would keep you from being able to own, possess, or purchase any kind of firearm and can even apply to cases where the domestic violence charges were convicted as a misdemeanor rather than a felony.

What Aggravating Circumstances Can Affect a Domestic Violence Sentence?

A domestic violence sentence in Staten Island can be affected by the inclusion of any aggravating circumstances in the case. These aggravating circumstances include the level of injury that was sustained by the alleged victim, whether or not a weapon was used or a child played witness to the criminal act, whether or not the crime violated an existing order of protection, or if older age or pregnancy was a personal characteristic of the victim.

Can a Domestic Violence Charge Be Dropped in New York?

While yes, a domestic violence charge can technically be dropped in New York, it is crucial to understand that it cannot be dropped simply because the alleged victim no longer wants to pursue charges. This is due to the fact that domestic violence charges are brought against the accused by the state rather than the victim. Only the state is capable of dropping domestic violence charges.

Hire a Domestic Violence Defense Lawyer Serving Staten Island Today

If you or someone you love has been charged with domestic violence in Staten Island, it is imperative that you hire a domestic violence defense lawyer as soon as possible. Being convicted of domestic violence can carry harsh and life-altering penalties, and it is crucial to have someone on your side who has the experience to advocate for your rights and make certain your side of the story is heard. Contact the offices of Greco Neyland, PC today to schedule a consultation.