How To Get Domestic Violence Charges Dismissed

Facing domestic violence charges can be an incredibly stressful and life-altering experience. These charges can carry severe consequences, from damaging your personal and professional reputation to potential jail time and restraining orders. However, it’s important to remember that being accused does not automatically mean conviction. There are various strategies that our experienced attorneys at Konta, Georges & Buza, P.C. can employ to fight for a dismissal of your domestic violence charges. In this blog, we will explore these strategies and provide insights into the legal process. If you or a loved one is facing domestic violence charges, don’t hesitate to contact us for a confidential consultation to discuss your case and your options.

Domestic Violence Charges and Their Penalties

The penalties for domestic violence in New York vary depending on the nature and severity of the offense. Understanding the potential consequences of each charge is crucial in building a strong defense. Here’s a breakdown of the various charges and the penalties they carry:

1. Assault

Assault is one of the most common domestic violence charges. In New York, assault can be classified as either a misdemeanor or a felony, depending on the severity of the injuries and the intent behind the act.

• Assault in the Third Degree (Misdemeanor): If convicted, you could face up to one year in jail, a fine of up to $1,000, or both. Additionally, you might be ordered to pay restitution to the victim or undergo mandatory anger management programs.
• Assault in the Second or First Degree (Felony): These charges involve more serious injuries or the use of a weapon. Penalties range from several years to up to 25 years in prison, plus significant fines and a permanent criminal record.

2. Menacing

Menacing involves intentionally placing another person in fear of imminent harm. In the context of domestic violence, it often refers to threats or actions that make the victim fear for their safety.

• Menacing in the Third Degree (Misdemeanor): This can result in up to three months in jail and additional penalties such as probation or mandatory counseling.
• Menacing in the Second or First Degree (Felony): If the menacing involves a weapon or violates a protective order, it can be elevated to a felony with penalties including multiple years in prison.

3. Harassment

Harassment charges are often related to repeated actions that cause alarm or distress, such as stalking, unwanted communication, or physical contact.

• Harassment in the Second Degree (Violation): This is considered a non-criminal violation, but it can still result in up to 15 days in jail, fines, and protective orders.
• Harassment in the First Degree (Misdemeanor): This involves repeated actions that put the victim in fear of physical harm. Penalties can include up to one year in jail and mandatory participation in intervention programs.

4. Criminal Contempt

Criminal contempt charges are typically filed when someone violates an order of protection issued in a domestic violence case. The penalties depend on the nature of the violation.

• Criminal Contempt in the Second Degree (Misdemeanor): Violating a protection order can result in up to one year in jail, fines, and probation.
• Criminal Contempt in the First Degree (Felony): If the violation involves violence, threats, or occurs multiple times, it becomes a felony, carrying more severe penalties, including several years in prison.

5. Endangering the Welfare of a Child

If the domestic violence incident involves a minor, you may face charges for endangering the welfare of a child. This can lead to both criminal penalties and severe consequences related to child custody.

• Misdemeanor: Up to one year in jail, fines, and the possibility of supervised visitation or loss of custody rights.

The gravity of domestic violence penalties underscores the importance of mounting a strong defense. At Konta, Georges & Buza, P.C., we understand how a domestic violence charge can impact every aspect of your life. We are here to protect your rights and help you fight for the best possible outcome. If you’re facing any of these charges, contact us immediately for experienced legal support.

How To Get Domestic Violence Charges Dismissed

Getting domestic violence charges dismissed requires a comprehensive defense strategy tailored to the specifics of your case. As experienced criminal defense attorneys, we at Konta, Georges & Buza, P.C. explore every possible avenue to challenge the evidence, dispute allegations, and protect your rights. Here are several methods we may use to get domestic violence charges dismissed or reduced:

1. Insufficient Evidence

One of the most effective ways to get charges dismissed is by challenging the prosecution’s evidence. The burden of proof lies with the prosecutor, who must demonstrate guilt beyond a reasonable doubt. If there is insufficient or unreliable evidence to support the allegations, we will file a motion to dismiss the charges. This includes examining police reports, witness statements, and physical evidence to identify any inconsistencies, gaps, or weaknesses in the prosecution’s case.

2. False Accusations or Exaggerated Claims

In some domestic violence cases, the alleged victim may make false accusations or exaggerate events out of anger, retaliation, or a desire to gain an advantage in a related matter, such as a divorce or custody battle. We will thoroughly investigate the circumstances of the accusation, looking for motives that may have led to false claims. By presenting evidence of ulterior motives or inconsistencies in the alleged victim’s statements, we can challenge the credibility of the accusations and argue for a dismissal.

3. Lack of Intent or Self-Defense

Intent is a key element in many domestic violence charges. If we can show that your actions were accidental, misinterpreted, or in self-defense, we may be able to get the charges reduced or dismissed. For example, if you were acting to protect yourself from harm, we will gather evidence and witnesses to support your claim of self-defense. Additionally, if your actions were unintentional and did not involve a willful attempt to cause harm, we will present these facts to the court.

4. Violation of Your Rights

Law enforcement must follow strict procedures when investigating and arresting someone for domestic violence. If your rights were violated at any stage—whether through an unlawful search and seizure, failure to read your Miranda rights, or coercion during questioning—we can file a motion to suppress the evidence obtained unlawfully. When key evidence is suppressed, it often leads to the prosecution having to drop or dismiss the charges.

5. No Visible Injuries or Lack of Corroborating Evidence

In some cases, domestic violence allegations may involve claims of harm without visible injuries or other physical evidence. When there are no medical records, photos, or third-party witness statements to support the claims, we can argue that there is insufficient proof to proceed with the charges. We will use any lack of corroborating evidence to challenge the prosecution’s case and seek dismissal.

6. Witness Reluctance or Recantation

In domestic violence cases, the alleged victim is often the key witness. If the alleged victim decides not to cooperate with the prosecution or recants their statement, it can significantly weaken the case. While prosecutors can sometimes move forward without the victim’s testimony, their reluctance or recantation can be leveraged to negotiate for a reduction or dismissal of charges. We will communicate with the prosecution to highlight the lack of witness cooperation as a basis for dismissal.

7. Negotiating a Plea Deal for Reduced Charges

In some situations, it may be in your best interest to negotiate a plea deal to a lesser offense, such as a non-criminal violation or a lower-level misdemeanor. This approach can help you avoid the most severe consequences of a domestic violence conviction, such as jail time or the lasting impact on your record. We will work to negotiate the most favorable terms possible if dismissal is not attainable.

At Konta, Georges & Buza, P.C., our goal is always to fight for the dismissal of domestic violence charges whenever possible. We will conduct a thorough investigation, challenge the evidence, and use every legal strategy available to protect your rights and your future. Contact us today to discuss your case and learn how we can help you.

How a Domestic Violence Defense Attorney Can Help

Facing domestic violence charges is a serious and daunting situation that requires a skilled legal advocate by your side. At Konta, Georges & Buza, P.C., we understand the complexities and high stakes involved in these cases. Here’s how our experienced domestic violence defense attorneys can help protect your rights and work toward the best possible outcome:

Providing Legal Guidance and Support

Navigating the legal system can be overwhelming, especially when dealing with the emotional toll of domestic violence allegations. Our attorneys will walk you through every step of the process, ensuring you understand the charges against you, potential penalties, and your legal options. We are here to answer your questions, address your concerns, and provide the support you need during this challenging time.

Conducting a Thorough Investigation

Building a strong defense starts with a detailed investigation of the circumstances surrounding your case. We will gather evidence, interview witnesses, review police reports, and examine any physical evidence to identify inconsistencies or weaknesses in the prosecution’s case. Our team will also work to uncover any motives for false accusations or exaggerations, such as custody disputes or retaliation, to use in your defense.

Challenging the Prosecution’s Evidence

The prosecution must prove their case beyond a reasonable doubt, and our job is to challenge every piece of evidence they present. We will scrutinize police reports, medical records, and any physical evidence to find inconsistencies, errors, or violations of your rights. If the evidence was obtained unlawfully—such as through an illegal search or failure to follow proper procedure—we will file motions to have that evidence suppressed.

Developing a Customized Defense Strategy

Every domestic violence case is unique, and a one-size-fits-all approach won’t work. Our attorneys will develop a defense strategy tailored to the specifics of your situation. Whether it involves arguing self-defense, challenging the credibility of the accuser, or highlighting a lack of sufficient evidence, we will build a strategy designed to achieve the most favorable outcome for you.

Negotiating with Prosecutors

While our goal is always to get charges dismissed, there are situations where negotiating with prosecutors for a reduction in charges or a more lenient plea deal may be in your best interest. Our attorneys have extensive experience negotiating with the prosecution and can work to secure a deal that minimizes the impact on your life, such as a non-criminal violation or a lesser misdemeanor charge.

Representing You in Court

If your case goes to trial, having a skilled defense attorney by your side is essential. We will represent you in court, present evidence in your favor, cross-examine witnesses, and make compelling arguments to the judge and jury. Our experience in the courtroom and knowledge of New York domestic violence laws allow us to effectively advocate for you, aiming for a dismissal, acquittal, or reduced sentence.

Protecting Your Rights Throughout the Process

From the moment you are accused, law enforcement and prosecutors will be working to build a case against you. We will ensure that your rights are protected every step of the way, from questioning and arrest to court appearances. If your rights are violated at any point, we will take immediate action to address those violations and use them in your defense.

Domestic violence charges can have a lasting impact on your life, making it vital to have a knowledgeable and dedicated attorney fighting on your behalf. At Konta, Georges & Buza, P.C., we are committed to protecting your rights, preserving your reputation, and achieving the best possible resolution for your case. If you are facing domestic violence charges, contact us today for a confidential consultation.

Why Konta, Georges & Buza?

When facing domestic violence charges, you need a law firm with the right experience, skill, and dedication to fight for your rights and future. At Konta, Georges & Buza, P.C., we set ourselves apart with our personalized approach and proven track record in defending clients against serious criminal charges. Here’s why you should choose our firm to handle your domestic violence case:

1. Extensive Experience in Domestic Violence Defense

Our attorneys have years of experience handling domestic violence cases in New York. We understand the complexities of these charges, from the intricate laws that govern them to the intense emotions and high stakes involved. Our deep knowledge of domestic violence laws and the New York criminal justice system allows us to develop strong, strategic defenses tailored to each client’s unique situation.

2. Aggressive and Personalized Defense Strategies

No two domestic violence cases are alike, which is why we don’t believe in a cookie-cutter approach. We take the time to listen to your side of the story, investigate every detail of your case, and develop a customized defense strategy that targets the weaknesses in the prosecution’s evidence. Our attorneys are relentless in challenging every aspect of the charges against you to ensure the best possible outcome.

3. Compassionate Client-Centered Approach

We know how overwhelming it can be to face domestic violence accusations. Our firm is here to support you through every step of the process. From the moment you contact us, we take the time to understand your concerns, answer your questions, and guide you through the legal system with compassion and respect. You’ll always have direct access to our attorneys, who will keep you informed and involved in your case.

4. Skilled Negotiators and Trial Lawyers

Whether it’s negotiating with prosecutors for reduced charges or taking your case to trial, our attorneys are skilled in every aspect of criminal defense. We have successfully negotiated favorable outcomes for clients in domestic violence cases, and when necessary, we are fully prepared to fight for you in court. Our trial experience and persuasive courtroom advocacy give you the best chance at a dismissal, acquittal, or reduced penalties.

5. Commitment to Protecting Your Future

A domestic violence charge can have far-reaching effects on your life, including your personal relationships, career, and reputation. We are committed to protecting your future by fighting for the most favorable resolution possible. Our goal is not only to provide you with a strong defense but also to safeguard your rights and minimize the impact these charges could have on your life.

6. Free and Confidential Consultations

We believe that everyone deserves access to quality legal representation. That’s why we offer free, confidential consultations to discuss your case and explore your options. During this consultation, we’ll listen to your story, review the facts, and outline the potential defenses available to you.

When you choose Konta, Georges & Buza, P.C., you’re choosing a team of dedicated attorneys who will stand by you every step of the way. If you’re facing domestic violence charges, don’t face them alone. Contact us today to schedule your consultation and take the first step toward protecting your rights and your future.

Contact Konta, Georges & Buza, P.C. Today

If you or a loved one is facing domestic violence charges, it’s crucial to take immediate action to protect your rights and future. The stakes are high, but with the right defense strategy, you can fight for a favorable outcome. At Konta, Georges & Buza, P.C., our experienced attorneys are ready to stand by your side, providing the guidance, support, and aggressive representation you need. Contact us today for a free, confidential consultation to discuss your case and explore how we can help you move forward.