Staten Island Domestic Violence Attorney

Domestic Violence Lawyer in Staten Island, NY

Domestic violence charges are very serious, having the potential for serious criminal consequences and reputational harm for the rest of your life. These charges can occur from many different complicated situations, including cases of mutual violence, misunderstandings, accidents and mistakes, and even a domestic abuser accusing their victim. Whatever your situation, you deserve a diligent Staten Island domestic violence lawyer to defend you.

Fierce Staten Island Defense Attorneys at The Law Office of Tracy & Tracy

There are few New York City defense attorneys as qualified and experienced in defending domestic violence cases as Brendan Tracy. Mr. Tracy is a former Deputy Bureau Chief of the Staten Island District Attorney’s Office Domestic Violence Bureau.  In that position, he helped to oversee a bureau of over ten prosecutors, making high-level decisions regarding arrest charges, prosecution strategies, and trial assistance. This extensive experience gives him unparalleled insight into how New York City domestic violence cases are charged, prosecuted, and tried.

When you are accused of such a serious crime as domestic violence, you need a skilled and aggressive attorney like Brendan Tracy. In 2022, The Law Office of Tracy & Tracy was formed to defend the interests of those accused of criminal offenses. We can also work to prevent the consequences these allegations can have on family law cases.

Our firm fights zealously for you and your future, determining what defense is right for your case’s circumstances. A criminal conviction can have lifelong consequences, and our goal is to mitigate or eliminate them as much as possible. We have strong relationships with local courts, judges, and prosecutors, including those in Staten Island’s 13th Judicial District, found at 26 Central Avenue.

Domestic Violence Laws in NYC

Domestic violence charges are not a specific statute. Instead, another offense, such as assault or stalking, can also be considered a domestic violence offense because of the relationship between the offender and the victim. There are a few misconceptions about domestic violence laws in New York.

The first misconception is that people have to be married or even in a romantic relationship to be charged with domestic violence against someone. You can be charged with domestic violence offenses against current or former romantic partners, but also against people in your household or otherwise related by blood – your parents, siblings, or other relatives.

Another misconception is that there needs to be physical violence present. Many domestic violence-related charges don’t require any physical contact: threats, stalking, harassment, and other non-violent accusations can all be considered domestic violence charges. Social media contact, voicemails, text messages, and property damaged during arguments can be used as evidence against you in a domestic violence case.

Domestic Violence in New York and Staten Island

In 2019, the Federal Bureau of Investigation reported 514 arrests for offenses against the family and children in New York, which accounts for some domestic violence offenses in the state.

In Richmond County, there were 2,350 reported victims of domestic violence offenses in 2023, according to the New York Division of Criminal Justice Services. These offenses included 949 individuals with cases of violating a protective order and 797 cases of third-degree assault and other offenses. About 67% of all domestic violence offenses in the county were committed by an intimate partner, and nearly 81% of those offenses were against a female victim.

Types of Domestic Violence Charges in Staten Island

Many types of offenses can be considered domestic violence offenses. These include:

• Stalking. This is engaging in conduct directed at a person to cause them harm, fear, or fear of threats to employment. There are four degrees of stalking, ranging from a Class B misdemeanor to a Class D felony.
• Menacing. This involves harassment and threats of physical harm, resulting in a reasonable fear of assault. It can be charged as a Class B misdemeanor, a Class A misdemeanor, or a Class E felony.
• Assault. This involves intentionally injuring someone else. It can also involve causing harm to someone due to recklessness or criminal negligence. Third-degree assault is a Class A misdemeanor. The offense can become a Class D felony when it involves a dangerous weapon or when someone intentionally causes a serious injury. First-degree assault involves a disabling or permanent injury, a deadly weapon, or a serious injury caused during the commission of a felony. It is a Class B felony.
• Child endangerment. Endangering the welfare of a child involves knowingly acting to harm the physical, mental, or moral well-being of a child. A person can also be charged if they are a child’s legal guardian and fail to take reasonable care to prevent harm. This is a Class A misdemeanor.
• Strangulation. Strangulation offenses can range from a Class A misdemeanor to a Class C felony.

How Domestic Violence Cases Impact Family Law Cases

Being convicted of a domestic violence offense has criminal consequences, like fines and imprisonment, along with collateral consequences from a criminal record. These charges can also affect family law cases, such as child custody or divorce cases. It’s important that you work with attorneys who understand the overlap of criminal and family law cases and how to most effectively navigate both.

MEET BRENDAN TRACY

Brendan is a former Deputy Bureau Chief of the Staten Island District Attorney’s Office Domestic Violence Bureau. There are few New York City attorneys as qualified to defend your domestic violence case.

Brendan knows what it takes to advocate for those accused of committing a crime because he has first-hand knowledge of what it takes to prosecute someone who has been arrested for committing a crime.

FAQs

Q: How Much Is a Lawyer for a Domestic Violence Defense Case?

A: Most lawyers charge an hourly fee for a domestic violence defense case, although it will depend on the attorney, their location, their experience, and the specifics of your case. On average, criminal defense lawyers in New York are likely to be more expensive in places like Staten Island. Your case also matters because cases that go to trial instead of being dismissed or negotiated prior to court will likely be more costly.

Q: Why Do Most Domestic Violence Cases Get Dismissed?

A: Some domestic violence cases are dismissed because there is insufficient evidence against the alleged offender. While the alleged victim can withdraw their testimony, this doesn’t mean the case will be dismissed. The prosecution can still choose to continue the case. This is more likely to happen if there is other evidence besides the alleged victim’s statement. You should hire a defense attorney to have a better chance of getting the charges against you dismissed.

Q: What Is Strong Evidence in a Domestic Violence Defense Case?

A: What is considered strong evidence in a domestic violence defense case will depend on the circumstances of your arrest and the case against you. This may include documentation of the injuries, such as those from self-defense or those that were self-inflicted, from medical information, and photos. Statements from witnesses to the incident and testimony from expert witnesses can also be useful supporting evidence.

A Staten Island domestic violence attorney can review the evidence to defend you against your charges.

Q: Why Do I Need to Hire a Domestic Violence Lawyer in New York?

A: When you hire a domestic violence lawyer in New York, you are more likely to secure a beneficial result for your case, such as a reduction of the charges you face or even a dismissal of your case. You have the right to legal representation when you face criminal charges, and you should take advantage of that. A conviction can have significant effects on your life, freedom, and reputation. An attorney can fight for your rights and an ideal outcome.

Protect Your Future With an Aggressive Legal Defense

You don’t have to face domestic violence charges alone. No matter the circumstances of your case, you deserve an effective criminal defense. At The Law Office of Tracy & Tracy, we can provide you with dedicated and experienced legal representation. Reach out today.