Buffalo Domestic Violence Defense Lawyer
At Trbovich Law Firm, we understand the complexities and sensitivities surrounding domestic violence cases. Our team of dedicated legal professionals is committed to providing robust defense strategies for individuals facing domestic violence charges in Buffalo and the surrounding areas. With years of experience in handling such cases, we offer comprehensive legal representation to protect your rights and future. Contact us today for a confidential consultation with an experienced Buffalo domestic violence defense lawyer
What Constitutes Domestic Violence Charges in New York?
At Trbovich Law Firm, we defend clients against a range of charges that fall under the umbrella of domestic violence in New York State. Understanding these specific charges is crucial for building a strong defense. Here's a comprehensive list of offenses that can be classified as domestic violence when committed against a family or household member:
- Assault (NY Penal Law § 120.00 - § 120.12): Includes charges from Third Degree (Class A misdemeanor) to First Degree (Class B felony)
- Aggravated Harassment (NY Penal Law § 240.30): Second Degree (Class A misdemeanor)
- Menacing (NY Penal Law § 120.13 - § 120.15): Includes Third Degree (Class B misdemeanor) to First Degree (Class E felony)
- Stalking (NY Penal Law § 120.45 - § 120.60): Ranges from Fourth Degree (Class B misdemeanor) to First Degree (Class D felony)
- Strangulation (NY Penal Law § 121.11 - § 121.13): Includes Criminal Obstruction of Breathing or Blood Circulation (Class A misdemeanor) and Strangulation in the First Degree (Class C felony)
- Sexual Offenses (NY Penal Law Article 130): Includes various degrees of sexual abuse, rape, and criminal sexual act
- Kidnapping (NY Penal Law § 135.20 - § 135.25): Second Degree (Class B felony) and First Degree (Class A-I felony)
- Coercion (NY Penal Law § 135.60 - § 135.65): Second Degree (Class A misdemeanor) and First Degree (Class D felony)
- Criminal Mischief (NY Penal Law § 145.00 - § 145.12): Ranges from Fourth Degree (Class A misdemeanor) to First Degree (Class B felony)
- Reckless Endangerment (NY Penal Law § 120.20 - § 120.25): Second Degree (Class A misdemeanor) and First Degree (Class D felony)
- Unlawful Imprisonment (NY Penal Law § 135.05 - § 135.10): Second Degree (Class A misdemeanor) and First Degree (Class E felony)
- Disorderly Conduct (NY Penal Law § 240.20): Violation
- Harassment (NY Penal Law § 240.25 - § 240.26): First Degree (Class B misdemeanor) and Second Degree (violation)
- Criminal Contempt (NY Penal Law § 215.50 - § 215.51): Often charged when violating an order of protection and ranges from Second Degree (Class A misdemeanor) to First Degree (Class E felony)
As your domestic violence defense lawyer, we at Trbovich Law Firm are well-versed in these statutes and their applications in domestic violence cases. We understand that the specific charge and its degree can significantly impact potential penalties and long-term consequences.
Consequences of a Domestic Violence Conviction in Buffalo
At Trbovich Law Firm, we believe it's crucial for our clients to understand the full scope of potential consequences following a domestic violence conviction in Buffalo. As your domestic violence defense lawyers, we're committed to helping you avoid these serious repercussions. Here's an overview of what you might face:
Criminal Penalties
- Jail time or prison time, depending on the severity of the offense
- Fines and court fees, which can be substantial
- Probation, often with strict conditions and regular check-ins
Protective Orders
- Long-term or permanent orders of protection
- Restrictions on where you can go and who you can contact
- Potential loss of access to your home or personal property
Firearm Restrictions
- Loss of right to own or possess firearms
- Mandatory surrender of any currently owned firearms
- Potential federal charges for any future firearm possession
Employment Impacts
- Difficulty finding new employment due to background checks
- Potential loss of current job, especially in sensitive positions
- Revocation or denial of professional licenses in certain fields
Housing Challenges
- Difficulty renting apartments due to background checks
- Potential eviction from current residence
- Limitations on where you can live due to protective orders
Child Custody and Visitation
- Limited or supervised visitation with children
- Potential loss of custody rights
- Challenges in future family court proceedings
Immigration Consequences
- Potential deportation for non-citizens
- Ineligibility for certain visas or citizenship applications
- Difficulty traveling internationally
Educational Impacts
- Suspension or expulsion from educational institutions
- Ineligibility for certain scholarships or financial aid
- Challenges in admission to higher education programs
Personal Relationships
- Strained family relationships
- Social stigma and damaged reputation in the community
- Potential alienation from friends and colleagues
Financial Repercussions
- Legal fees and court costs
- Potential civil lawsuits from the alleged victim
- Difficulty obtaining loans or credit due to criminal record
Long-term Record
- Criminal record that can affect future opportunities
- Challenges in expunging or sealing the record
- Requirement to disclose conviction on job applications
Counseling and Treatment Requirements
- Mandatory participation in anger management programs
- Required attendance at batterer's intervention programs
- Potential substance abuse treatment, if applicable
Travel Restrictions
- Difficulty obtaining visas for international travel
- Restrictions on interstate travel while on probation
- Potential inclusion on no-fly lists
Voting Rights
- Temporary or permanent loss of voting rights, depending on the conviction
Public Record
- Conviction information available in public databases
- Potential media coverage, especially in high-profile cases
As your domestic violence defense attorney, our role at Trbovich Law Firm is to work tirelessly to help you avoid these severe consequences. Our criminal defense attorneys understand that a domestic violence conviction can have far-reaching effects on nearly every aspect of your life. That's why we're committed to providing a robust defense and exploring all possible legal avenues to protect your rights and your future.
How a Buffalo Domestic Violence Defense Lawyer Can Help
At Trbovich Law Firm, we understand the serious nature of domestic violence charges and the profound impact they can have on your life. As your dedicated domestic violence defense lawyers in Buffalo, we're committed to providing comprehensive legal support throughout your case. Here's how our Buffalo criminal defense lawyers can assist you:
Immediate Legal Intervention
Time is critical in domestic violence cases. Our team is ready to act swiftly, intervening early in the process to protect your rights from the outset. We can:
- Represent you during police questioning to prevent self-incrimination
- Attend your arraignment to argue for favorable bail conditions or release
- Move quickly to gather and preserve essential evidence
Thorough Case Evaluation
We conduct a meticulous review of your case, including:
- Analyzing police reports and witness statements
- Reviewing any physical evidence or documentation
- Identifying inconsistencies or weaknesses in the prosecution's case
- Assessing the legality of any searches or seizures conducted
Strategic Defense Planning
Based on our evaluation, we develop a tailored defense strategy that may include:
- Challenging the credibility of witnesses
- Presenting alternative explanations for the alleged incident
- Demonstrating lack of intent or self-defense, if applicable
- Identifying violations of your constitutional rights
Negotiation with Prosecutors
In many cases, we can negotiate with the prosecution to seek favorable outcomes such as:
- Reduced charges
- Deferred prosecution agreements
- Alternative sentencing options (e.g., counseling or anger management programs)
- Dismissal of charges, when appropriate
Strong Courtroom Representation
If your case goes to trial, our experienced litigators will:
- Present a compelling defense narrative
- Cross-examine prosecution witnesses effectively
- Introduce evidence supporting your case
- Make persuasive arguments to the judge or jury
Handling of Protection Orders
Our domestic violence attorneys assist in navigating the complexities of protection orders by:
- Arguing against unnecessary or overly restrictive orders
- Seeking modifications to allow essential contact (e.g., for co-parenting)
- Defending against alleged violations of existing orders
Mitigation of Consequences
- Even in challenging cases, we work to minimize the impact on your life by:
- Advocating for alternatives to jail time
- Protecting your job or professional licenses
- Addressing immigration consequences for non-citizens
- Preserving your rights regarding child custody and visitation
Emotional Support and Guidance
We recognize the stress and uncertainty you're facing. Our team provides:
- Clear, honest communication about your case and options
- Responsive support to address your concerns
- Referrals to appropriate counseling or support services, if desired
Post-Resolution Assistance
Our support extends beyond the resolution of your case. Our domestic violence attorneys can help with:
- Record sealing or expungement processes, when eligible
- Restoration of rights (e.g., firearm ownership)
- Addressing ongoing family court matters
Proactive Approach to Future Prevention
We aim to help you move forward positively by:
- Advising on strategies to avoid future allegations
- Connecting you with resources for ongoing support or education
At Trbovich Law Firm, we believe that everyone deserves a vigorous defense and fair treatment under the law. As your Buffalo domestic violence defense lawyers, we're dedicated to protecting your rights, preserving your freedom, and working towards the best possible outcome in your case.
Common Defenses in Domestic Violence Cases
As your domestic violence defense lawyer, we explore all possible avenues to build a strong defense. Some common strategies we may consider include:
- Self-defense: This could be a valid defense if you were protecting yourself or others from harm.
- False accusations: Unfortunately, false allegations do occur in domestic situations, often stemming from relationship conflicts or custody disputes.
- Lack of evidence: The prosecution must prove guilt beyond a reasonable doubt. We scrutinize the evidence to identify weaknesses in their case.
- Violation of constitutional rights: If law enforcement violates your rights during the arrest or investigation, it could lead to the suppression of evidence.
- Alternative explanations: We investigate other potential causes for injuries or circumstances that may have been misinterpreted as domestic violence.
The Legal Process for Domestic Violence Cases in Buffalo
Understanding the legal process can help alleviate some of the stress associated with domestic violence charges. Here's an overview of what you can expect:
- Arrest and Booking: Following an alleged incident, law enforcement may make an arrest based on probable cause.
- Arraignment: This is your first court appearance where charges are formally presented, and you enter a plea.
- Temporary Orders of Protection: The court may issue temporary orders restricting contact with the alleged victim.
- Pre-trial Hearings: These include preliminary hearings, motion hearings, and plea negotiations.
- Trial: If a plea agreement isn't reached, your case will proceed to trial where a judge or jury will determine the verdict.
- Sentencing: If convicted, the court will impose penalties based on the specific charges and circumstances.
Throughout this process, your domestic violence defense attorney from Trbovich Law Firm will be by your side, explaining your options, advocating for your rights, and working tirelessly to achieve the best possible outcome.
What To Do If Charged With Domestic Violence in Buffalo
At Trbovich Law Firm, we understand that being charged with domestic violence can be overwhelming and frightening. As experienced domestic violence defense lawyers in Buffalo, we're here to guide you through this challenging time. If you've been charged with domestic violence, here are the critical steps you should take:
Exercise Your Right to Remain Silent
It's crucial to politely decline answering questions without a lawyer present. Remember that anything you say can be used against you in court. Resist the urge to explain or defend yourself to the police without legal counsel. Your right to remain silent is one of your strongest protections in this situation.
Contact a Domestic Violence Defense Attorney Immediately
Reaching out to Trbovich Law Firm as soon as possible is vital. The earlier we can intervene, the more options we may have for your defense. As your domestic violence defense attorneys, we can advise you on what to say (and what not to say) to law enforcement, protecting your rights from the outset.
Do Not Contact the Alleged Victim
It's imperative to avoid all communication with the accuser, even if they initiate contact. This includes phone calls, text messages, emails, and social media. Any contact could be viewed as witness tampering or violating a protective order, potentially worsening your legal situation.
Comply with All Court Orders
It is essential to follow any temporary orders of protection precisely. Attend all scheduled court appearances and comply with any conditions of release or bail. Strict adherence to these orders demonstrates respect for the legal process and can positively impact your case.
Preserve Evidence
Don't delete any text messages, emails, or social media posts that might be relevant to your case. Keep any documents or physical evidence that could support your defense. It's also helpful to make notes about what happened, including potential witnesses. This information can be crucial for building a strong defense strategy.
Document Your Side of the Story
Write down your account of events while it's fresh in your memory. Include details about any injuries you may have sustained. This documentation can be invaluable for your defense, providing a clear, contemporary record of your perspective on the incident.
Avoid Discussing the Case
Refrain from talking about the charges with friends, family, or coworkers. It's also wise to avoid posting about the situation on social media. The only person you should discuss the details of your case with is your domestic violence defense attorney. This discretion helps protect you from potential legal pitfalls.
Take Care of Your Mental Health
Seeking support from a therapist or counselor can be beneficial during this stressful time. Engaging in stress-reducing activities is also important. Your mental well-being is crucial not only for your personal health but also for maintaining a clear mind throughout the legal process.
Gather Character References
Identify individuals who can speak to your character and reliability. This may include employers, colleagues, or community leaders. As your domestic violence attorneys, we can advise you on how best to use these references in your defense strategy.
Prepare for Potential Consequences
Understanding how the charges might affect your job or housing situation is important. If necessary, consider making arrangements for child care. Being prepared for potential financial implications can help you navigate this challenging period more effectively.
Consider Anger Management or Counseling
Voluntarily enrolling in anger management or counseling programs can sometimes be viewed favorably by the court. However, consulting with us before enrolling in any program is crucial to ensure it aligns with your overall defense strategy.
Stay Informed About Your Case
Keep all documentation related to your case organized and easily accessible. Stay in regular contact with our firm for updates on your case. Don't hesitate to ask questions if there's anything you don't understand about the process. Being well-informed empowers you to make the best decisions throughout your case.
Get Legal Help Now
Don't face domestic violence charges alone. Our domestic violence lawyers here to protect your rights and fight for your future. Contact us today for a confidential consultation with an experienced Buffalo domestic violence defense lawyer. Your freedom and reputation are too important to leave to chance. Let us put our knowledge and skill to work for you.
Domestic Violence Defense Lawyer FAQs
At Trbovich Law Firm, we often receive questions about domestic violence charges in New York State. Here are answers to some frequently asked questions:
What is considered "domestic" in New York domestic violence cases?
In New York, domestic violence cases involve offenses committed against members of the same family or household. This includes current or former spouses, persons with a child in common, family members related by blood or marriage, and persons who are or have been in an intimate relationship, regardless of whether they have lived together.
Can domestic violence charges be dropped in New York?
While the alleged victim can request charges to be dropped, the decision ultimately lies with the prosecutor. In New York, many jurisdictions have adopted "no-drop" policies for domestic violence cases, meaning they may proceed with prosecution even if the alleged victim doesn't want to press charges. As your domestic violence defense attorneys, we can work to negotiate with prosecutors or present evidence that may lead to charges being reduced or dismissed.
What is an Adjournment in Contemplation of Dismissal (ACD) in domestic violence cases?
An ACD is a way to resolve a case without a guilty plea or trial. In domestic violence cases, the court may adjourn the case for up to one year, during which the accused must comply with certain conditions. If these conditions are met and no new arrests occur, the case is dismissed and sealed. This can be a favorable outcome in some situations, and our domestic violence defense lawyers can advise if it's appropriate for your case.
How does New York's mandatory arrest policy affect domestic violence cases?
New York has a mandatory arrest policy for certain domestic violence incidents. This means that if police have probable cause to believe a family offense misdemeanor has occurred, they must make an arrest, even if the alleged victim doesn't want to press charges. This policy can lead to arrests in situations where both parties may have engaged in misconduct.
What is an Integrated Domestic Violence (IDV) Court?
New York has established IDV courts to handle domestic violence cases that involve intersecting criminal, family, and matrimonial issues. These specialized courts allow a single judge to oversee all aspects of a family's case, promoting more consistent and efficient resolutions. As your domestic violence defense lawyer, we can help navigate the unique procedures of these courts.
Can a domestic violence conviction affect my professional license in New York?
Yes, a domestic violence conviction can potentially impact professional licenses in New York. Many licensing boards consider criminal convictions in their decisions to grant, renew, or revoke professional licenses. The specific consequences depend on the profession and the nature of the conviction. Our firm can work to minimize these potential professional impacts as part of your defense strategy.
How does New York's youthful offender status apply to domestic violence cases?
Individuals who are 16, 17, or 18 years old at the time of an alleged offense may be eligible for youthful offender status in New York, including in domestic violence cases. This status can provide more lenient sentencing and a sealed record. Eligibility depends on various factors, and as your domestic violence defense attorney, we can assess if this applies to your situation.
What is the statute of limitations for domestic violence charges in New York?
The statute of limitations varies depending on the specific charge. For most misdemeanors, it's two years from the date of the alleged offense. For felonies, it's generally five years, but there's no time limit for the most serious felonies. Some exceptions exist, particularly for certain sex offenses. Understanding these time limits can be crucial to your defense, and our domestic violence defense lawyers can explain how they apply to your case.
Can I be charged with violating an order of protection if I didn't know about it?
In New York, you can potentially be charged with violating an order of protection even if you weren't formally served with it, as long as you had knowledge of its existence. However, lack of knowledge can be a defense, and as your domestic violence defense attorney, we would work to demonstrate that you were genuinely unaware of the order if that's the case.
How does New York handle GPS monitoring in domestic violence cases?
In some domestic violence cases, particularly those involving violations of orders of protection, courts may order GPS monitoring as a condition of release or probation. This allows real-time tracking of the accused's location to ensure compliance with stay-away orders. If GPS monitoring is proposed in your case, our domestic violence defense lawyers can argue against its necessity or negotiate its terms.
