Suffolk County Domestic Violence Attorney

Facing domestic violence issues in Suffolk County? Contact Richard Hochhauser, DWI & Criminal Lawyer for dedicated and empathetic legal representation to safeguard your rights.

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How a Suffolk County Domestic Violence Lawyer Can Defend You

It is beyond stressful to know that a criminal complaint has been filed against you in New York. The stress and frustration are twice as much when the complainant is a person with whom you’ve had intimate relations.

Domestic violence charges should never be underestimated. Aside from fines and jail time, a convict could suffer the consequences of a permanent criminal record, such as limited housing and job opportunities and firearm restriction. Worst, you could be prevented from staying at your own home with your family.

At Richard Hochhauser, DWI & Criminal Lawyer, we understand that many of these criminal charges are a result of misunderstandings in relationships that have turned sour. While we do not condone domestic abuse in any form – physical abuse, emotional abuse, or sexual abuse, our experienced criminal defense attorneys commit to protecting the rights of everyone, including those who may have been wrongfully charged.

Understanding a Domestic Violence Charge in Suffolk County

What is Domestic Violence?

Domestic violence happens when one person uses a pattern of behaviors to maintain power and control over another person while they are in an intimate relationship. Note that there is no crime called “domestic violence” in New York. However, § 459-a of Social Services (SOS) Chapter 55, Article 6-A provides the definition of domestic violence.

An intimate partner relationship can be one of the following:

  • Legally married or divorced people
  • Those with a child shared in common
  • In-laws or people related by affinity (marriage)
    • Those who live or have lived together
    • Brothers, parents, or cousins, or people related by blood (consanguinity)
    • Same-sex couples
    • Teens who are dating

    To prove the intimate relationship and be convicted of a domestic violence-related offense, the following factors must be considered:

    • The type or nature of the parties’ relationship
    • How frequently the parties have interacted
    • How long the parties have been in the relationship

    Acts Constituting Domestic Violence

    Although “domestic violence” is not a crime per se in New York, a person may be charged based on the act committed to the alleged victim. § 459-a of Social Services (SOS) Chapter 55, Article 6-A lists these acts or crimes as follows:

    • Coercion, intimidation, threats
    • Disorderly conduct
    • Harassment or aggravated harassment
    • Sexual misconduct, sexual abuse, or forcible touching
    • Criminal mischief, menacing, stalking
    • Identity theft, grand larceny
    • Kidnapping, attempted murder
    • Reckless endangerment
    • Assault or attempted assault
    • Criminal obstruction of breathing or blood circulation, strangulation

    Domestic violence cases are “family offenses”. This designation allows the court to give a heftier penalty to the person charged.

    Richard Hochhauser, DWI & Criminal Lawyer has handled many domestic violence cases in New York City. We have fought for our clients facing domestic violence charges, including those facing a protective order.

    Common Defenses in Domestic Violence Cases

    Experienced criminal defense lawyers would know where to look to defend you, from inconsistent statements to utter lack of proof. Here are possible defenses against allegations of domestic violence.

    • Lack or insufficient proof: Prosecutors need to prove that all the elements of the crime are present before they can get a conviction. If one of the elements is lacking or if there is not enough evidence to support the claim, the case could be dismissed. If the complainant cannot prove the intimate relationship, then the case should not fall under “family offenses.”
    • False accusation: The criminal complaint may only be a revenge tactic by one partner against another to gain child custody or higher financial support. If you have an alibi or a more accurate and complete version of the story, then claiming that you were falsely accused can provide a solid defense.
    • Error in persona: If you have an alibi, such as you were in a different place at the time the alleged crime was committed, this can be a solid defense.
    • Self-defense: Self-defense can be challenging to use but still works in some cases. If you pushed someone because they were hitting you, you have the right to protect yourself. However, you must prove that there was no aggression on your part to begin with.
    • Unlawful arrest: To be lawfully arrested for a crime, there must be probable cause to believe that you probably and likely committed criminal offenses. If law enforcers arrested you despite the lack of probable cause, your case should be dismissed, or you should at least be released from jail immediately.

    The Role of a Domestic Violence Defense Attorney

    The definition of domestic violence is too vague, and encompassing and one wrong statement could result in a conviction. Therefore, understanding of domestic violence laws and New York penal laws is crucial when defending a person.

    Our team is composed of advocates and protectors of justice. Our domestic violence attorneys can provide the following services:

    • Legal Representation: At the core, we provide legal representation to those accused of domestic violence. We navigate the complex legal system and strive to present a solid defense in court.
    • Counsel and Support: We offer counsel to our clients to help them understand their rights and the legal processes involved. Offering support extends beyond the courtroom—it’s about guiding clients through one of the most challenging times of their lives.
    • Fight Against Protective Orders: Obtaining protective orders is a common tactic for complainants who want to remove a person from their residence. Our lawyers can assist you in preventing the issuance of a protective order.
    • Settlement negotiations: In some cases, giving the parties time to sit down and discuss their issues can be immensely helpful. We assist our clients if they want to negotiate and settle their issues.

    Litigating a domestic violence case is fraught with emotions and legal complexities. That is why it is crucial to partner with an attorney with experience and skills in defending people against domestic violence charges. At Richard Hochhauser, DWI & Criminal Lawyer, we do an extensive review of your case, look at all angles, and craft a strong defense that will seek justice and uphold the rights of all parties involved.

    CALL US NOW

    FOR A FREE CONSULTATION

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    At the Law Office of Richard Hochhauser, we have years of experience representing people accused of DWI and Aggravated DWI crimes in Nassau County. We understand the best strategies for building a case, and we’re not afraid to defend your rights in court. For a free consultation with our knowledgeable Nassau County DWI defense attorney, give us a call today at (516) 331-4008 or contact us online.

    Contact Richard Hochhauser, DWI & Criminal Lawyer in Suffolk County

    Located in New York, our domestic violence lawyers are deeply committed to serving the community, including those who have the right to defend themselves. While we never overpromise outcomes, our dedication to delivering competent and compassionate legal services guides our every action. We believe in making a tangible difference in the lives of our clients, helping them through one of the hardest experiences they may ever face.

    When charged with a domestic violence crime, choosing the right attorney is critical for protecting your rights. We understand the delicate nature of these situations and emphasize the importance of acting swiftly. Our firm, Richard Hochhauser, DWI & Criminal Lawyer, is dedicated to offering compassionate legal support to those facing spousal abuse charges or who have been caught in a domestic violence situation.

    We commit to providing unwavering support throughout the legal process. Contact us today to schedule a consultation about your legal options.