Long Island Domestic Violence Lawyer
Experienced Domestic Violence Attorneys Serving in Long Island, NY
In New York, authorities take domestic violence cases very seriously. You can expect aggressive prosecution if you’re accused of domestic violence. It can be a very challenging, uphill battle. Most New York police departments will require you to be arrested as soon as a relative or partner reports that there has been violence. With this policy in place you may, at times, feel that there is little meaning left to the presumption that you are innocent. Do not face this legal challenge alone. Edward Palermo, a trusted Long Island domestic violence attorney, can help you. Ed will work hard to make sure you don’t get treated unfairly in the criminal justice system. As an experienced Long Island criminal defense lawyer, Ed knows the possible defenses that may work for you in order to protect your rights. Each case is unique and attorney Palermo may be able to help with yours.
What is Domestic Violence?
Domestic violence cases are so labeled based on the victim’s relationship with the defendant. New York courts call domestic violence cases family offenses. Family offenses are crimes committed against members of the same household or family. However, the actual definition goes much further than this.
- Family members related by blood
- A married or divorced couple
- A couple who has a child together
- Intimate relationships
A protection order is often sought by someone who reports a domestic violence incident. These orders usually go through the family court. However, a criminal court may issue temporary protection orders.
The following situations can be the reason for orders of protection to be issued:
- Sexual misconduct
- Sexual violence
- Assault or attempted assault
- Disorderly behavior
- Reckless endangerment
- Harassment and aggravated harassment
All of these accusations can lead to a criminal domestic violence charge. Domestic violence cases can cause a great deal of emotional turmoil not only for the victim but for the person accused as well. It is not uncommon for people to cool down over time and try to admit that the allegations were untrue or exaggerated. However, an accuser cannot withdraw from a case once the police are involved and have filed the charges. Only the prosecution can make that decision.
Long Island domestic violence lawyer Ed Palermo has assembled a passionate legal team of New York domestic violence professionals who can help investigate the case further, talk to witnesses, and expose the bias that often underlies domestic violence claims. We can help you protect your rights.
To schedule a consultation, call us today at (631) 265-1052.
Penalties for Domestic Abuse in Long Island
The penalties for domestic violence can range from probation to life imprisonment if you are convicted of a domestic violence-related crime. The severity of the penalty usually depends on the type of domestic violence charges. Disorderly conduct is one of the least serious domestic violence crimes. It is classified as a violation. If you are convicted, the maximum sentence you can receive is 15 days imprisonment and a $250 fine. However, many domestic violence crimes are almost always misdemeanors or felonies. If you are convicted, you could be sent to prison for multiple years.
The following are the common charges for domestic violence and their corresponding penalties:
- Class B Misdemeanor: A maximum sentence of 3 months in prison and up to a $500 fine is possible.
- Class A Misdemeanor: Maximum sentence of 1-year imprisonment and up to $1,000 fine.
- Class D felonies: Maximum sentence of 7 years imprisonment and up to $5,000 in fines.
- Class E felony: Maximum sentence of 4 years imprisonment and a maximum fine up to $5,000.
- Class C felonies: Maximum sentence of 15 years imprisonment and up to $15,000 fine.
- Class B felonies: A maximum sentence of 25 years imprisonment and up to $30,000.
- Class A-II felonies: A maximum sentence of life imprisonment and up to $50,000 in fines is possible.
- Class A-I felonies: Maximum sentence for this offense is life imprisonment and up to $100,000 in fines.
In addition to those listed above, if you are convicted for a sexual offense related to the domestic violence offense, you must register as a sexual offender. You may have to be registered for at least twenty years. You may be required to stay on the sex offenders registry for your entire life in some instances.
A protection order will be issued if you are arrested for a crime in which the victim was involved in a domestic relationship with you. The order of protection is given to protect victims of violence, threats, or harassment from further or additional harm. The judge can grant protections or restrictions to keep victims safe.
If you’ve been accused of domestic violence, you should be represented by an experienced attorney. Protecting your rights and your freedom at this crucial point in your life should be your priority. Edward Palermo, a Long Island Criminal and DWI Lawyer, and his legal staff have many years of successful defense in New York Criminal Courts.
Long Island Domestic Violence and Divorce
Unfortunately, domestic violence is a frequent theme in divorce proceedings. According to the National Coalition Against Domestic Violence, 1 in 4 women have been victims of domestic violence. Although it is important to be sensitive and understanding toward victims of violence, not all domestic abuse allegations during divorce proceedings are true. Sometimes, one spouse may try to take control of the other and allege abuse. In an attempt to protect victims, the state quickly removes perpetrators from the house. This makes it easy for disingenuous spouses to retain the marital home, or to gain sole custody of the children’s minor children while going through the divorce process.
Judges and accused parents face a difficult road when it comes to child custody cases that involve domestic violence, especially at the time of a divorce. The accuser will usually have to prove that domestic violence has had an impact on their lives and that of their child. It may prove difficult because domestic violence does not only include physical abuse. Because the Order of Protection is temporary in nature, the trial will determine child custody and whether the Order of Protection may be made permanent. The judge must decide if domestic violence was a factor in the family dynamics during the divorce proceeding.
It doesn’t matter if you have been charged with domestic abuse or not. You should discuss all options with attorneys who are experienced in domestic violence defense, especially if you are going through a divorce and would like to keep custody of your children. You are at risk for your future, your family’s well being, and your reputation. False allegations could lead to harsh penalties for you. Long Island divorce lawyers may be able to help, but if you have been accused of domestic violence while going through a divorce, contact attorney Ed Palermo. His experience in handling domestic violence cases may be able to help you find the best strategy to defend your rights and your freedom. Additionally, Edward Palermo’s brother and law partner, Christopher Palermo, is a top Long Island Divorce Attorney and can also be consulted to help protect your rights.
Domestic Violence Attorney Edward Palermo Explains Order of Protection
An order of protection will most likely be issued in domestic violence cases. These orders can be issued by Long Island’s courts and make the accused subject to legal restrictions.
Protective Orders often ban an accused abuser from having contact with their alleged victim and other people in their life (such as their children). If the accused and the victim live together, the person charged will often not be allowed to go home. Or, if they are going through a divorce, the accused may not be able to be in the same vicinity as the victim.
A protection order can legally force you to:
- Avoid any contact with the victim.
- Not go to the victim’s home or place of work.
- Leave the house you shared with the victim.
- Turn in any firearms you may possess
There are two kinds of orders for protection. First, there is the “stay away” protection order. The petitioner will often be granted a “stay away” order of protection. This means that the defendant cannot enter the petitioner’s home or workplace. The defendant cannot be within the immediate vicinity of the petitioner’s workplace or home. This can be a problem if you are going through a divorce and do not have custody of your children. A “stay away” protection order can stop you from visiting your children.
A “refrain from” order is the second kind of order. The defendant cannot harass, threaten or commit other enumerated offenses against the petitioner under a refrain-from order. This behavior is illegal and the defendant will be punished if they are caught doing so.
Are there Penalties for Violating an Order of Protection?
A violation of the Order of Protection could result in serious legal consequences and even more drastic changes in your life. You could be charged with criminal contempt if you violate the terms of the protection order. The severity of your offense will determine the penalties. Aggravated criminal contempt is the most severe form of this crime. This occurs when you violate an order of protection and cause injury to another person. Class D felonies include aggravated criminal contempt, which can lead to up to $5,000 in penalties and seven years imprisonment. Additional penalties may be imposed for domestic violence convictions.
It is important to protect your rights and your freedom in a domestic violence case, especially if you are going through a divorce. During a divorce process, a judge will look at the best interests of the child and can stop you from seeing your child if the allegations against you are proven right. Attorney Edward Palermo and his team of domestic violence attorneys can help you protect your rights.
False Domestic Violence Accusations
If you are going through a difficult divorce, custody battle, or breakup with a resentful and vindictive partner, they may falsely accuse you of domestic violence to get back at you. This accusation alone can cause damage to your reputation, as the police are obligated to arrest you, and the charge carries a highly inflammatory connotation.
False allegations of domestic violence not only put you at risk of imprisonment and a criminal record but also require you to stay away from your home, leaving your children behind. Moreover, a domestic violence conviction can lead to the loss of professional licenses and certifications, particularly for individuals in the military, education, law enforcement, and healthcare sectors.
Therefore, it is crucial to seek the help of an experienced criminal defense attorney in New York if you have been accused of domestic violence. Long Island domestic violence attorney Edward Palermo will aggressively fight for your rights and freedom, presenting your side of the story in court. A domestic violence charge can destroy your personal and professional life, but with the right legal representation, you may be able to overcome false accusations and move forward with your life.
Possible Defenses For Long Island Domestic Violence
A skilled domestic violence attorney can help you build a strong defense. Every allegation is unique and requires a different set of circumstances. Nevertheless, there are some common defense strategies.
The following are the common defenses used in a domestic violence charge:
In some cases, the absence of sufficient evidence may result in a favorable verdict. The prosecution must prove the accused guilty in order to convict him. All people accused are innocent until they have been proven guilty. An experienced criminal defense attorney can review your case to uncover weaknesses and expose them.
A conviction is unlikely if you can provide a solid alibi as to the date and time of the abuse. A skilled domestic violence lawyer may summon witnesses to back up your story. If you have a photo or video evidence that shows your location at the time the crime occurred, this type of defense strategy can be even more convincing.
Victims of domestic violence deserve to be treated seriously. However, some people falsely claim that abuse has occurred. False allegations can sometimes occur in a divorce. This cynical tactic can help the accuser get more money and custody. False allegations can also be used by the accuser’s spouse to cause emotional harm.
You must prove that you took the necessary steps to defend yourself. Imagine that you were being attacked by your spouse and had to respond to protect yourself. You were acting in self-defense. If the violence was inflicted on you as a result of verbal or threatened threats, this defense may be more challenging. Self-defense is not possible if you threatened, called your spouse names, or screamed at them.
These are just a few of the strategies that could be used in this kind of criminal case. Make sure to contact an attorney immediately, regardless of the facts surrounding your abuse allegations. Long Island criminal defense lawyer Edward Palermo and his team will meet with you to discuss the details of your case. Call us today to discuss your domestic violence case with a skilled attorney.
Do I need a Long Island Domestic Violence Attorney to Defend Me?
It is important to consult skilled domestic violence lawyers in NY if you face a Long Island domestic abuse case. Domestic violence attorneys can help you have a better chance at a positive outcome. These types of cases are often very emotional and can cause a lot of distress for the parties involved. Some partners react in anger or emotionally to make their situation more difficult.
You can harm your case even by just leaving a voicemail to your spouse. You could face additional legal problems if you act rashly, such as another violence charge, stalking, or harassment.
A skilled domestic violence attorney will review all legal implications of your case and discuss them with you. You can rely on them to help you determine what the right course of action is given your circumstances. An attorney can provide more than general advice. They will also fight for your rights. Sometimes, experienced criminal defense attorneys can negotiate better deals for the accused.
Do not leave things up to chance if you’re facing allegations of abuse. Long Island domestic violence lawyer Ed Palermo has a great team of skilled violence attorneys who are ready to help.
New York’s bail reform law was implemented in January 2020. Before that, New York courts used cash bail and secured bonds. Many of the new bail rules were made to make sure that no one was held unnecessarily in jail before trial. However, those who are charged with domestic violence offenses may not be aware of this benefit.
After the bail reform was implemented, all misdemeanors are exempted from pre-trial detention with no bail. Except for sexual offenses or those that involve criminal contempt for violating an Order of Protection in a Domestic Violence Case, cash bail can be eliminated.
Cash bail and pre-trial detention without bail have also been eliminated for most non-violent felonies with the following exceptions to the rule:
- Felony criminal contempt cases pertaining to domestic violence allegations
- Some sex crimes
- Terrorism charges
- Some crimes against children
- To commit murder, conspiracies
- Witness intimidation or tampering
The New York bail reform laws can help those arrested for serious offenses avoid pre-trial imprisonment. However, domestic violence cases will usually fall within this exception. In qualifying cases of domestic violence, the prosecutor will typically request bail. Judges will sometimes decide to grant bail depending on whether the accused is considered a danger to the victim’s life.
It is important to have a New York criminal defense lawyer on your side in order to make sure that the bail is not unfair. Judges must now consider alternatives that are less restrictive to pre-trial imprisonment under the bail reform laws. Attorney Edward Palermo understands how to advocate effectively for your release within the guidelines. We will also do all we can to make sure that your case is won on the streets.
Seeking the Help of a Skilled Long Island Domestic Violence Attorney to Fight for Your Rights
While most public defenders will care more about getting you through the system, a skilled, privately retained criminal defense attorney will not judge or label you badly because you are facing charges. Edward Palermo has the skill and over 29 years of experience. You want your life to be normal, your loved ones to come home, and your freedom to live without fear.
Attorney Edward Palermo and his team of legal professionals in his law firm will fight for you and stand beside you. We can understand your emotions. The devastation that a domestic violence conviction can cause is something we understand. We want to help you restore your freedom.
To schedule an initial consultation, call (631) 265-1052 or complete contact form if you’ve been charged with a domestic violence crime on Long Island.