What Are Some Possible Defense Strategies That Can Be Used In Domestic Violence Cases?
There are a lot of possible defense strategies that can be used. The first one is self-defense, which depends on what happened and who has marks. If a partner has marks because of abuse, but they then defended themselves and used a weapon or attacked the other partner in return, it is the case of self-defense.
Depending on if it is a woman, there are certain things that can come out into the battered woman syndrome. If there have been other episodes, the attorney will get medical records to show that their clients have been beaten and battered in the past and now they’re just reaching out to stop the attacker.
There are several different strategies depending on the individual and depending on what really happened in this case that caused the complaint. Sometimes, it’s nothing more than saying, “I’m involved in a divorce case and the custody and she made these allegations because they’re going to go to the family court and try and make me look like a bad person, so I lose custody”, or, “I can’t get certain things that I’m looking for.” Although that’s unfortunate, that happens a lot.
What Are Some Long Term Effects Of Having A Conviction On Record For Domestic Violence?
In New York, it doesn’t show on a conviction for domestic violence act, it could show a conviction for whatever the charge is. For example, if you get convicted by trial or pleading guilty to assault, you’ll have a criminal record for assault. It won’t say “Domestic Violence” but there’ll be a record there.
When current employers and potential employers hear you have a criminal record, they’d certainly want to find out more about. They would ask, “What happened?” You would then have to give details and it’s up to how an individual reads that and sees it. Whether this is a woman who hits her husband, or this is a man who hits his wife?
Can A Domestic Violence Conviction Be More Devastating Than An Average Conviction?
It certainly has the potential. When attorneys are representing clients in domestic violence cases, their goal is to keep them from having a criminal conviction at all. If they don’t have any criminal conviction, they won’t have to disclose it to anybody. When there is no criminal record, nothing has to be disclosed and you can keep your current job. You can also get other jobs because if they ask you “Have you ever been convicted of a crime?” the answer would be no. That is the difference between getting an experienced attorney versus doing it yourself.
Are There Any Types Of First Time Offender Programs For Domestic Violence Cases For First Time Offenders?
Yes there are. However, they are not called first time offenders.
For a person who is a first time offender, the anger management classes are very big. Drug counseling is also very important and utilized on these cases. Usually the first time, aside from the bad faith allegation, the attorney can’t stop somebody from making a false complaint if they think it’s going to help their case. However, on the occasions where somebody actually commits an act against another person, attorneys will look into what made that happen, what was the catalyst?
By finding out and by bringing out that this is the first time it happened, they will have to see what has changed in this person’s life, what happened that pushed the person over the edge? Everybody in the court system is looking also to help those first timers and help them not have this happen again. There are programs that are available through the courts and programs outside the courts that the courts will recognize to reward a person for taking the initiative to get help; to stop them from becoming a batterer or an abuser or victimizing somebody.
Again, it’s just finding out what happened and helping them get through whatever it was. Sometimes it’s a big event, the death or a divorce or maybe some sort of infidelity. Other times it’s just something that just snapped from a long time ago, that the person was just underlying, waiting to come up like a time bomb. It could be just depression that took a long time to come to the surface and all of a sudden it happened. It could be just cold out, they couldn’t go outside for two days and that was good enough and now they are a little bit out of control. Sometimes, it sets them off to drinking or taking drugs, you just don’t know. For first timers, attorneys do have a better chance to help somebody at the first time from becoming a second time.
If you are looking for an Attorney To Defend A Domestic Violence Charge, call the law office of Eric Sachs for a free initial consultation at (516) 679-0400 and get the information and legal answers you’re seeking.