This is the next post in my series on the handling of domestic violence charges in Long Island, New York. My last article provided an overview of topics which this series will be addressing. It also stressed the need to contact a criminal defense attorney if you or a loved one have been arrested. It is important that you contact counsel sooner, rather than later, in order to help ensure that your rights remain fully protected. In this article I will discuss a topic which, unfortunately, arises too often – the handling of cases which are based on false charges. If you are in need of assistance then contact my office today to speak with a lawyer.
Long Island defendants sometimes face false accusations of domestic violence
There is perhaps no criminal charge which is as likely to be based on false allegations as is domestic violence. People sometimes fabricate claims for one of two reasons. First, people making false accusations may be attempting to gain an advantage in child custody proceedings. This is due to the fact that, like other states, New York law generally provides that a parent who commits domestic violence should not gain primary custody of their son or daughter. Some people believe that by making false claims they can then win their custody case. Second, some people simply wish to “get even” with an ex and may make false accusations out of spite. Whatever, the situation, it is important that you take the matter seriously.
Long Island area defendants sometimes make the mistake of not taking false allegations seriously. People may believe that they will simply show up to Court and explain to the Judge that the allegations are false. These defendants are then surprised to learn of the serious nature with which the Judge and prosecutors are taking the charges. If an adequate defense is not mounted on your behalf, then you run the risk of a criminal conviction – even if the accusations are false. This is why it is crucial that you contact counsel as soon as possible.
A criminal defense lawyer can assist Long Island residents with false domestic violence charges
If you have been falsely accused of domestic violence then there are steps a criminal defense attorney can take to assist you. Quite often, in such incidents, there will be evidence which you can present in Court. Such evidence may range from witness testimony or even video footage. Also, there are times when the alleged victim’s behavior has been inconsistent with that of someone who suffered from such an offense. If the victim waited an extensive amount of time to report the incident, if they have been regularly contacting you, or of they have otherwise behaved in a way that is inconsistent with their claims, then such facts can be presented to the Court. These facts can be introduced along with Court pleadings from any child custody proceedings or other disputes you may be having with your ex.
It is important to understand that no two cases are the same. How the Court will rule in any given circumstance will always depend on the specific facts of the case. If you need assistance then contact my office today to speak with a Long Island lawyer. My office also serves Kings County residents in Brooklyn, residents of Queens, those in Nassau and Suffolk Counties, as well as people in other New York areas.