Domestic Violence Defense Attorney

Domestic violence cases are not just legal battles – they are emotional minefields that demand a skilled and strategic defense. When facing such serious allegations, having the right legal team in your corner can make all the difference. At Konta, Georges & Buza, P.C., we understand the complexities surrounding domestic violence charges and the impact they can have on your life. With years of experience and a commitment to fiercely defending our clients’ rights, we are dedicated to providing the support and advocacy needed during this challenging time.

What Constitutes a Domestic Violence Charge in NYC?

Domestic violence charges in New York City encompass a wide range of criminal acts committed against family members, intimate partners, or household members. Understanding what constitutes a domestic violence charge is crucial for anyone facing such allegations. In NYC, domestic violence can include physical, emotional, psychological, and financial abuse. Here are the key elements and types of charges that fall under domestic violence:

Types of Domestic Violence

• Physical Abuse: This involves any form of physical harm or threat of harm, such as hitting, slapping, punching, kicking, strangulation, or using a weapon against a victim.
• Emotional and Psychological Abuse: This includes behaviors that cause emotional or psychological harm, such as intimidation, threats, verbal abuse, harassment, stalking, and controlling behaviors.
• Sexual Abuse: Any non-consensual sexual act or behavior, including sexual assault, forced sexual activity, and sexual harassment, can be considered domestic violence.
• Economic Abuse: Controlling a person’s financial resources, restricting access to money, or preventing a victim from working or attending school.
• Threats and Intimidation: Making threats of physical harm, threatening to harm children or pets, or using intimidation tactics to instill fear.
• Stalking: Repeatedly following, monitoring, or contacting a person in a way that causes fear for their safety or the safety of their loved ones.

Legal Definitions and Relationships

In New York City, domestic violence charges can be brought against individuals in various types of relationships, including:

• Spouses and Ex-Spouses
• Boyfriends and Girlfriends
• Former Partners
• Individuals with a Child in Common
• Family Members, including Parents, Children, and Siblings
• Household Members, such as Roommates

The specific relationship between the alleged perpetrator and the victim can impact the charges and potential penalties.

Our experienced domestic violence defense attorneys are committed to providing robust legal representation to protect your rights and achieve the best possible outcome. If you are facing domestic violence charges, it is crucial to seek legal counsel immediately to navigate the legal process effectively and defend against the allegations.

Common Domestic Violence Offenses and Related Offenses

Domestic violence encompasses a variety of criminal acts that occur within intimate, familial, or household relationships. Understanding the common domestic violence offenses and related offenses is crucial for recognizing the severity of such charges and preparing a robust defense. At Konta, Georges & Buza, P.C., we have extensive experience in handling a wide range of domestic violence cases. Here are some of the most common offenses associated with domestic violence:

Assault

Assault involves intentionally causing physical injury to another person. In a domestic context, this can include hitting, punching, kicking, or any other act that results in bodily harm. There are varying degrees of assault, from third-degree (misdemeanor) to first-degree (felony), based on the severity of the injury and the presence of aggravating factors.

Menacing

Menacing involves placing another person in fear of imminent physical injury. This can be achieved through threats, gestures, or actions that make the victim believe they are in immediate danger. Similar to assault, menacing can be charged in different degrees, with higher degrees carrying more severe penalties.

Harassment

Harassment involves engaging in a course of conduct that seriously annoys or alarms another person. In domestic cases, this can include repeated verbal abuse, threats, or unwanted communication. Harassment can be classified as either second-degree (violation) or first-degree (misdemeanor), depending on the nature and severity of the behavior.

Stalking

Stalking involves repeatedly following, monitoring, or contacting someone in a way that causes fear for their safety or the safety of their loved ones. Stalking can include physical surveillance, online harassment, and other forms of persistent unwanted attention. Stalking is categorized into various degrees, with higher degrees indicating more severe or threatening behavior.

Strangulation

Strangulation involves obstructing the breathing or blood circulation of another person by applying pressure to the throat or neck. This is a particularly serious offense due to the potential for severe injury or death. Strangulation is classified as either second-degree (class D felony) or first-degree (class C felony), with first-degree involving more severe injuries or prior offenses.

Criminal Contempt

Criminal contempt involves willfully disobeying a court order, such as an order of protection or restraining order. Violating these orders is a serious offense that can result in additional penalties. Criminal contempt can be charged as second-degree (class A misdemeanor) or first-degree (class E felony), depending on the circumstances and the severity of the violation.

Related Offenses

In addition to the primary domestic violence offenses, several related offenses can also be involved in domestic cases:

• Child Endangerment: Placing a child in a situation where their physical or emotional well-being is at risk. This can include exposing a child to domestic violence or failing to protect them from harm.
• Sexual Abuse: Any non-consensual sexual act committed against a family member or intimate partner. This can range from inappropriate touching to sexual assault or rape.
• Coercion: Using threats or force to compel someone to act against their will. This can include forcing a partner to stay in a relationship, engage in unwanted activities, or relinquish control over personal matters.
• Trespassing: Entering or remaining on a property without permission, particularly in violation of a court order or after being asked to leave by the resident.

Consequences of Domestic Violence Conviction

A conviction for domestic violence in New York City carries severe and far-reaching consequences that can impact multiple aspects of your life. Understanding these potential outcomes is essential for anyone facing such charges. At Konta, Georges & Buza, P.C., we are dedicated to providing you with a comprehensive defense to mitigate these consequences. Here are the primary consequences of a domestic violence conviction:

1. Criminal Penalties

The criminal penalties for a domestic violence conviction vary based on the specific charges and the severity of the offense. These can include:

• Fines: Significant financial penalties that vary depending on the degree of the offense.
• Probation: Supervised probation periods that may include strict conditions such as attending counseling or treatment programs.
• Incarceration: Jail or prison sentences that can range from a few months for misdemeanor offenses to several years for felony convictions.

2. Protective Orders

Courts frequently issue protective orders in domestic violence cases to protect the alleged victim. These orders can:

• Restrict Contact: Prevent the accused from contacting or approaching the victim.
• Mandate Distance: Require the accused to maintain a specified distance from the victim’s home, workplace, or other locations.
• Affect Living Arrangements: Result in the accused being removed from their home or prohibited from returning to shared residences.

3. Impact on Family Matters

A domestic violence conviction can significantly influence family-related legal matters, such as:

• Child Custody and Visitation: Courts may limit or deny custody and visitation rights, prioritizing the safety and well-being of the children involved.
• Divorce Proceedings: Evidence of domestic violence can impact the division of marital assets and spousal support determinations.

4. Employment Consequences

A conviction for domestic violence can adversely affect your employment and professional life:

• Job Loss: Current employers may terminate your employment upon learning of the conviction.
• Difficulty Finding Employment: Future job prospects may be hindered, as many employers conduct background checks and may be reluctant to hire someone with a domestic violence conviction.
• Professional Licenses: Certain professions require licensing or certification, which can be revoked or denied due to a conviction.

5. Reputational Damage

The social stigma associated with a domestic violence conviction can have long-term effects on your personal and professional relationships:

• Public Records: Convictions become part of your permanent criminal record, accessible to the public and potential employers.
• Social Relationships: Friends, family, and colleagues may view you differently, leading to strained or damaged relationships.

6. Firearm Restrictions

Federal and state laws impose strict firearm restrictions on individuals convicted of domestic violence:

• Loss of Firearm Rights: Convicted individuals are typically prohibited from owning, purchasing, or possessing firearms.
• Professional Impact: Those whose professions require the use of firearms, such as law enforcement or security personnel, may face job loss or reassignment.

7. Immigration Consequences

For non-citizens, a domestic violence conviction can have serious immigration implications:

• Deportation: Convictions can lead to removal proceedings and possible deportation.
• Inadmissibility: Convicted individuals may be deemed inadmissible, affecting their ability to re-enter the United States or adjust their immigration status.

The consequences of a domestic violence conviction are severe and long-lasting, making it crucial to seek experienced legal representation. If you are facing domestic violence charges, contact us today for a confidential consultation to discuss your case and explore your legal options.

How a Domestic Violence Defense Attorney Can Help

Facing domestic violence charges is a daunting experience, with potentially severe consequences that can affect your personal and professional life. A skilled domestic violence defense attorney can provide invaluable assistance in navigating the legal complexities of your case and advocating for your rights. At Konta, Georges & Buza, P.C., our experienced attorneys are dedicated to offering comprehensive and strategic defense services to help you achieve the best possible outcome. Here’s how we can help:

Initial Consultation and Case Evaluation

We start by listening to your side of the story and understanding the circumstances surrounding your charges. Our attorneys evaluate the specifics of your case to determine the best defense strategy, considering the evidence, potential witnesses, and legal precedents.

Developing a Strong Defense Strategy

Every case is unique, and we develop a customized defense strategy based on the facts and legal nuances of your situation. We identify and explore potential defenses, such as self-defense, false allegations, lack of intent, or lack of evidence, to challenge the prosecution’s case.

Thorough Investigation

Our team conducts a thorough investigation to gather and preserve crucial evidence, such as witness statements, medical records, and any available surveillance footage. We may work with experts, such as forensic specialists or medical professionals, to analyze evidence and provide testimony that supports your defense.

Challenging the Prosecution’s Case

We scrutinize the prosecution’s evidence and witnesses, identifying inconsistencies or biases that may undermine their case. Our attorneys file pretrial motions to exclude inadmissible evidence, suppress improperly obtained evidence, or dismiss charges that lack sufficient legal basis.

Negotiating Plea Bargains

If appropriate, we engage in negotiations with the prosecution to seek reduced charges or alternative sentencing options, aiming to minimize the impact on your life. We provide clear and informed advice on whether accepting a plea deal or proceeding to trial is in your best interest.

Court Representation

Our attorneys meticulously prepare for trial, developing compelling arguments, preparing witnesses, and organizing evidence to present a robust defense. We provide skilled and assertive representation in court, challenging the prosecution’s case, cross-examining witnesses, and advocating passionately for your rights.

Protecting Your Rights and Interests

We guide you through every step of the legal process, ensuring you understand your rights and options. We offer confidential and compassionate support, recognizing the emotional toll that domestic violence charges can take.

Post-Conviction Assistance

If necessary, we assist with filing appeals or seeking post-conviction relief to challenge unjust outcomes and pursue further legal remedies.

Our experienced attorneys understand the stakes involved and work tirelessly to protect your rights, reputation, and future.

Domestic Violence Defenses Your Attorney May Use

When facing allegations of domestic violence, it’s crucial to have a skilled defense attorney who can explore various legal strategies to protect your rights and build a strong defense. Here are some common defenses your attorney may employ:

• False Accusations: Often, domestic violence charges arise from misunderstandings, revenge, or malicious intent. Your attorney will investigate the circumstances surrounding the allegations to uncover any inconsistencies or ulterior motives behind the accusations.
• Self-Defense: If you acted in self-defense or in defense of others during an altercation, this can be a viable defense strategy. Your attorney will gather evidence and testimony to demonstrate that your actions were necessary to protect yourself or someone else from harm.
• Lack of Evidence: Prosecutors must prove beyond a reasonable doubt that you committed the alleged offense. If there is insufficient evidence or if the evidence against you is weak or circumstantial, your attorney may argue for dismissal or acquittal.
• Mistaken Identity: In some cases, mistaken identity can lead to wrongful accusations of domestic violence. Your attorney may present evidence showing that you were not present at the scene of the alleged incident or that you were misidentified as the perpetrator.
• Consent: If the alleged victim consented to the actions in question, your attorney may argue that there was no criminal intent or wrongdoing involved.
• Improper Police Procedure: Your attorney may challenge the legality of the arrest or the conduct of law enforcement officers during the investigation. Any violations of your constitutional rights could lead to suppression of evidence or dismissal of charges.
• No Intent to Harm: Intent is a critical element in domestic violence cases. If your actions were accidental, unintentional, or did not involve an intent to harm, your attorney may argue for a reduction in charges or a favorable plea agreement.
• Character Witness Testimony: Your attorney may call upon witnesses who can testify to your character, peaceful nature, or good standing in the community. This can help counteract negative perceptions or assumptions about your behavior.

What To Do Immediately After Being Charged with Domestic Violence

Being charged with domestic violence can be distressing and overwhelming. It’s crucial to take immediate steps to protect your rights and ensure the best possible outcome for your case. Here’s what you should do:

1. Upon being charged, you have the right to remain silent. Refrain from discussing the incident with anyone, including law enforcement, friends, or family members, until you have consulted with your attorney.
2. Time is of the essence in criminal cases. Seek the assistance of an experienced domestic violence defense attorney from Konta, Georges & Buza, P.C. They can provide invaluable legal guidance, protect your interests during questioning, and begin building your defense strategy immediately.
3. If there is a protective order or no-contact order in place, adhere to its terms strictly. Even if there isn’t, avoid any communication or contact with the alleged victim to prevent potential complications or additional charges.
4. Write down everything you remember about the incident as soon as possible. Include details such as the sequence of events, any statements made, and any witnesses present. This documentation can be crucial for your defense.
5. If possible, collect any evidence that supports your version of events, such as text messages, emails, photos, or witness statements. Provide this evidence to your attorney for review and consideration in building your defense.
6. Understand your upcoming court dates and legal obligations. Your attorney will guide you through the court process, including arraignment, hearings, and potential trial preparations.
7. Remain calm and composed throughout the legal proceedings. Cooperate with your attorney and follow their advice closely. Avoid discussing your case on social media or with anyone not involved in your defense.
8. Depending on the circumstances of your case, your attorney may recommend counseling or support services. These can demonstrate proactive steps toward rehabilitation and may be beneficial in court.

By taking these immediate actions and working closely with a dedicated domestic violence defense attorney from Konta, Georges & Buza, P.C., you can protect your rights and work toward a favorable resolution of your case.

Why Choose Us?

At Konta, Georges & Buza, P.C., we understand the complexities and seriousness of domestic violence charges. With our team of skilled attorneys, including former prosecutors, we bring a unique perspective and invaluable experience to your defense.

Former Prosecutors

Our attorneys have previously served as prosecutors, giving us a comprehensive understanding of how the prosecution builds cases against defendants. This insider knowledge allows us to anticipate their strategies, identify weaknesses in their arguments, and effectively counter their allegations.

Track Record of Success

We are proud of our proven track record of success in defending clients against domestic violence charges. Our firm has achieved favorable outcomes for numerous individuals facing similar allegations, including dismissals, reduced charges, and acquittals.

Personalized Approach

Every case is unique, and we provide personalized attention to each client. We take the time to listen to your side of the story, conduct thorough investigations, and craft a strategic defense tailored to your specific circumstances and legal objectives.

Strong Advocacy in Court

Whether negotiating plea agreements or vigorously defending your rights at trial, we are known for our strong advocacy in court. We are committed to protecting your rights, preserving your reputation, and striving for the best possible outcome in your case.

Compassionate Support

Facing criminal charges can be emotionally challenging. We offer compassionate support and clear guidance throughout the legal process. Our goal is to alleviate your concerns, answer your questions promptly, and keep you informed at every step.

Choosing the right attorney can make a significant difference in the outcome of your domestic violence case. With Konta, Georges & Buza, P.C., you can trust in our experience, dedication, and commitment to achieving the best results for you. Schedule a consultation today to discuss your case confidentially and learn how we can defend your rights effectively.

Defend Your Domestic Violence Charge with Konta, Georges & Buza, P.C.

If you are facing domestic violence charges, it is crucial to have a dedicated defense attorney on your side. At Konta, Georges & Buza, P.C., we have the experience and expertise to aggressively defend your rights and fight for the best possible outcome in your case.

Don’t face domestic violence charges alone. Contact Konta, Georges & Buza, P.C. today to schedule a consultation and discuss how we can defend your rights effectively. With our experience, dedication, and commitment to achieving the best results for you, we will work tirelessly to protect your rights and preserve your reputation. Let us help you navigate this challenging situation and fight for your future.

Domestic Violence Defense Attorney FAQs

What should I do if I’ve been falsely accused of domestic violence?

If you believe you have been falsely accused of domestic violence, it’s crucial to seek legal representation immediately. Contact our experienced attorneys at Konta, Georges & Buza, P.C. We will investigate the circumstances, gather evidence to support your innocence, and work diligently to clear your name.

Will I go to jail if I’m convicted of domestic violence?

The penalties for domestic violence convictions vary depending on the specific circumstances of the case and your prior criminal record. Jail time is a possibility, but our goal is to minimize the impact on your life. We will strive to negotiate lesser charges or alternative sentencing options whenever possible.

Can I defend myself against domestic violence charges without a lawyer?

It is not advisable to defend yourself against domestic violence charges without legal representation. The legal system is complex, and prosecutors are skilled at presenting evidence against defendants. Our attorneys have the knowledge and experience to build a strong defense on your behalf.

What should I do if I’ve violated a protective order?

Violating a protective order can have serious consequences, including additional criminal charges. Contact our firm immediately if you believe you have violated a protective order. We will assess the situation, advise you on the best course of action, and advocate for your rights in court.

How long will it take to resolve my domestic violence case?

The duration of your case depends on various factors, such as the complexity of the allegations, court schedules, and the negotiation process. Our attorneys will work efficiently to resolve your case as quickly as possible while ensuring your rights are protected and the best possible outcome is achieved.

What are the potential defenses against domestic violence charges?

Defenses against domestic violence charges may include false accusations, self-defense, lack of evidence, mistaken identity, consent, improper police procedure, no intent to harm, and more. We will carefully review the details of your case to determine the most effective defense strategy.

How much will it cost to hire a domestic violence defense attorney?

The cost of legal representation can vary based on the complexity of your case and the services required. During your initial consultation with Konta, Georges & Buza, P.C., we will discuss our fee structure and payment options. We are committed to providing transparent pricing and effective representation.