Are You Looking for a Domestic Violence Lawyer near Greece, NY?
Is a current/ex-spouse or family member accusing you of domestic violence or abuse? If you’re in the Greece, NY area, there’s help. Attorney David Wade is a lawyer who can represent clients in a domestic violence or abuse case. Domestic violence laws are painfully complex in New York. Call attorney Wade for help in any of these areas:
- Rochester, NY
- Brockport, NY
- Gates, NY
- Greece, NY
- Monroe County, NY
- Livingston County, NY
- Avon, NY
- Webster, NY
Domestic Violence Laws
In most of the country (New York included), domestic violence charges are secondary allegations. Domestic violence occurs whenever an offender commits a crime against a protected class of victim. State law defines domestic violence or abuse as any crime between members of the same household or family. Some specific examples of this protected class include:
- Current or former spouses.
- Anyone related by blood or marriage.
- Two parties who have a child with one another.
- Any two people who are or have been in a relationship, even if they don’t live in the same house.
New York Penal Law also has rules on specific domestic violence crimes including:
- Assault – including actual physical harm.
- Menacing – making threats to a victim.
- Stalking – when one party causes the other to fear for their physical well-being by contacting a victim or their family or tracking their whereabouts.
- Strangulation – when an offender chokes a victim or otherwise prevents them from breathing.
While the New York criminal court system handles most criminal offenses, domestic violence cases are unique. Because these cases tend to affect family members, a victim can bring charges against an alleged offender in either family court or criminal court. This means that domestic violence cases can be either civil matters, criminal offenses, or both.
If someone is accusing you of domestic violence or abuse, it’s important to hire a lawyer. An attorney will be able to assess the facts of your case and determine whether your actions meet the qualifications for a domestic crime. If they don’t, an attorney can petition the court to dismiss your case.
Hiring a Domestic Abuse Lawyer
Because domestic violence charges are a secondary offense that gets added on to another criminal charge, the penalties for these crimes can be wide-ranging. For example, assaulting a family member and causing serious bodily harm could earn an offender a felony charge and up to 25 years in prison. In contrast, the court will only sentence an offender who menaces a family member as a misdemeanor punishable by a year in prison and a $1,000 fine.
The best way to avoid penalties in a domestic violence or abuse case is to hire a lawyer. An attorney can argue that you didn’t actually commit a crime based on one of these criteria:
- You were using corporal punishment to discipline or restrain a child under 21 years old.
- You acted in self-defense.
- There was a medical reason for your actions.
- You didn’t actually commit the crime.
A lawyer can also help you complete a number of crucial tasks in your domestic violence or abuse case. For example, an attorney can:
- File motions, pleadings, and other legal documents with the court.
- Collecting evidence to support your case and filing it with the court.
- Advising you when to take a plea deal – and when to go to trial.
- Negotiating with the prosecution.
New York Domestic Violence Laws
With a career spanning more than a decade, attorney Wade has a reputation as a reliable, diligent lawyer for domestic violence and abuse cases. He’s already helped numerous clients in the Greece, NY area fight for their rights in both family and criminal court. If you need help in your case, don’t wait. Call attorney Wade today – discounts available for teachers, college students, and veterans!
The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. David Wade, Attorney at Law looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and David Wade, Attorney at Law.