Riverdale Domestic Violence Lawyer

There is no question that police and prosecutors take allegations of family violence seriously. Unfortunately, this often results in arrests in cases where they are unwarranted. Heated arguments and genuine misunderstandings can lead to court proceedings that might haunt you forever. 

The good news is that a skilled criminal defense attorney could help you protect your rights. It may be possible to resolve the case against you without a conviction by working with a Riverdale domestic violence lawyer. 

What Counts as Domestic Violence?

The law defines domestic violence as any violent act against a relative or household member. It is a common misconception that this offense is limited to spouses and romantic partners. The state can bring these charges following an assault against a co-parent, blood relative, or roommate. Even prior household members qualify under the law. 

The nature of this offense is no different than any other violent crime. They usually involve some kind of assault, which can lead to prosecution without a family relationship being present. However, penalties for domestic assault are higher than the standard version of these offenses. 

There are some limited exceptions to be aware of. State law allows for a parent to engage in “reasonable discipline” of their minor child. This can include restraining the juvenile or administering corporal punishment. When a parent goes beyond what is reasonable, domestic violence charges can follow. An attorney in Riverdale could provide a defense in this scenario.

Penalties for Domestic Violence

Anyone found guilty of these charges is at risk of jail time, fines, and other penalties. However, these are often greater than the consequences that may come with a conviction for the standard offense of assault. While these cases are generally treated as misdemeanors under the law in Riverdale, assault against a family member starts out as an aggravated misdemeanor, which increases the potential fine to $5,000. 

These convictions also carry collateral consequences. Unlike jail time and fines, these penalties are not handed out directly by a judge. Some examples include the loss of a job or difficulty finding adequate housing. The loss of a person’s reputation is also an important factor to consider. 

Building a Viable Defense

A lawyer in Riverdale could carefully evaluate the family violence allegations against the accused before determining the appropriate defense strategy. This might involve claiming self-defense, which is a viable strategy in the prosecution of most violent crimes. Everyone has the right to defend themselves from the imminent threat of serious harm. This includes a family or household member. 

When these charges are based on little more than heated arguments or misunderstandings, it might be possible to have the reporting witness recant their original complaint. The state is more likely to drop charges if the other party no longer wishes to participate. 

The state must prove its case beyond a reasonable doubt, and that is not an easy burden to meet. Many attorneys focus on the weakness of the prosecution’s case to raise reasonable doubt with the jury. 

Call a Domestic Violence Attorney in Riverdale Today

There is no time to delay when it comes to defending yourself against these allegations. The right approach could help you protect your reputation and avoid a conviction. Reach out to a Riverdale domestic violence lawyer right away to get started.