Are Domestic Violence Cases Submitted to Trial?

You might have been involved in a fight with your partner and called the police. Your mind may be racing with possible criminal charges and jail sentences and how they could impact your professional and personal lives. Before you jump to any conclusions, please take the time to read this post. First, domestic violence is not a crime in and of itself. Call a New York criminal defense attorney if you are arrested for domestic violence. They have the knowledge and experience to guide you through the situation. Your domestic violence lawyer will advise you to keep calm and to listen.

Domestic Violence

The police are required to arrest anyone who has made a call about domestic violence. Domestic violence is not a crime unless it is accompanied by assault, harassment, or stalking. These charges could result in a B felony, or even a misdemeanor that can lead to a sentence of up to 25 years imprisonment.

Domestic violence calls are often made after an argument becomes physical. Even if the situation is calmed and the complainant says they don’t want to press charges anymore, police will still be called to make an arrest. This is to ensure that the police are not blamed for failing to make an arrest, and then they are not charged with a more serious offense.

Evidence of domestic violence

This type of case is difficult to prove because in many cases, there is a divorce proceeding. It may seem as though the complainant is trying for an advantage by claiming violence. The prosecutor must prove violence using either evidence of an attack or a history of abuse or witnesses.

Officers may attempt to trick an accused into a confession by telling him that he will not be arrested if he tells us about the incident. Although domestic violence cases rarely go to trial, it is important to get legal help. It is crucial that you immediately contact a criminal defense lawyer if you find yourself in a similar circumstance.

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The Law Office Of Benjamin Greenwald

Call Benjamin Greenwald, a criminal defense attorney, immediately if the police are called to your domestic violence case. It is crucial to have legal representation if you are facing assault, sexual abuse, strangulation, and other serious issues.

  • A second-degree assault occurs when the defendant intends that their partner is injured and harms them with a deadly weapon, or other harmful instrument.
  • Sexual abuse refers to forcing your partner to perform a sexual act against their will.
  • First-degree strangulation is a class C felony that restricts your partner’s ability to breathe.

You could face serious criminal charges, jail sentence, fines or both, depending on whether any of these acts were committed intentionally or not. A criminal defense attorney could make the difference between years in prison and fines. Benjamin Greenwald is a New York City lawyer who has been working in the legal system for many years. He has the experience and knowledge to help you. We are available to help you if you are in any difficult legal situation.