Hempstead Domestic Violence Defense Lawyer Advocating for the Accused
In Hempstead – or anywhere in Nassau County or on Long Island – if you are charged with a domestic violence crime, schedule a consultation at once with a Hempstead domestic violence defense attorney at the Law Firm of Gianni Karmily.
New York’s criminal laws do not differentiate between domestic violence-related crimes and offenses that do not involve domestic violence. For example, there is no specific statutory distinction between a domestic assault and an assault on a stranger.
What Constitutes a Crime of Domestic Violence?
However, both New York’s family courts and criminal courts have “concurrent jurisdiction” over crimes such as assault, sexual abuse, stalking, menacing, and strangulation when the crime victim is a member of the perpetrator’s family or household or when the perpetrator and victim:
- are married or divorced
- are related by blood or marriage
- are parents of the same child
- have been in an intimate relationship even if they are not currently living together
What Penalties May Be Imposed for Domestic Violence Convictions?
Convictions for domestic violence crimes often entail harsh penalties. Assault in the first degree, for example, is a Class B felony punishable upon conviction with up to twenty-five years in prison (with a mandatory minimum sentence of five years) and a fine of up to $5,000.
Lesser domestic violence crimes, as you would expect, are penalized less harshly. Assault in the third degree, for example, is a Class A misdemeanor punishable upon conviction with up to a year in jail and/or a fine of up to $1,000.
Apart from the criminal penalties, a conviction for a domestic violence crime can also negatively affect your:
- future employment opportunities
- right to carry or own a firearm
- right to earn and maintain a professional license
- parental rights, and if you are a divorced parent, the court’s child custody orders
- immigration status if you are not a U.S. citizen
What If the Charge Against You Is False?
Almost anyone can be accused of domestic violence, but every report of domestic violence is taken seriously by law enforcement agencies, because any failure to take domestic violence reports seriously can very swiftly lead to family tragedies.
New York’s police agencies and criminal courts have no tolerance for crimes of domestic violence. Nevertheless, judges, divorce lawyers, and criminal defense attorneys in New York know that charges of domestic violence are sometimes exaggerated or entirely fabricated.
In such cases, Hempstead defense attorney Gianni Karmily will work to uncover the truth about what actually happened and to discredit any phony domestic violence allegation.
How Will Attorney Gianni Karmily Handle Your Case?
Gianni Karmily understands that domestic violence charges can create difficult circumstances. He will discuss how the domestic violence laws apply to your own case, address your concerns, and develop a legal strategy to obtain the best possible result on your behalf.
After considering the details of a domestic violence charge, attorney Gianni Karmily will develop a defense that is appropriate, aggressive, and effective. If you are accused of a crime of domestic violence, no matter how strong the evidence presented againt you seems to be, fight the charge.
If the charge against you cannot be dropped, dismissed, or reduced, attorney Gianni Karmily can take your case to trial, explain to a jury what actually happened, and ask the jurors to return a not guilty verdict.
What Else Should You Know About Domestic Violence Cases?
While your domestic violence case is pending, a court may issue an order of protection against you. You could be barred from your home or even from seeing your children.
Also, while your domestic violence case is pending, avoid any confrontation with your accuser. Let your lawyer do the talking with the other side. Avoid posting on Facebook, Instagram, or any other social media platform. Anything you post could be used against you in a court of law.
You cannot overreact to an order of protection, but you can’t ignore it either. Discuss the implications of the protection order with attorney Gianni Karmily, and then adhere to its terms and conditions.
When Should You Contact the Law Firm of Gianni Karmily?
Attorney Gianni Karmily will take the time to uncover the facts in your domestic violence case, question the witnesses, and provide an articulate, effective defense while staunchly protecting your rights and bringing your case to its best possible resolution.
Hempstead attorney Gianni Karmily was named by Super Lawyers from 2019 to 2022 as a “Rising Star in Criminal Law” in the New York Metro area. He graduated from the University of Detroit Mercy School of Law, where he was President of the International Law Society.
If you are charged with any crime that involves domestic violence – or if you are served with an order of protection – in Hempstead, anywhere in Nassau County or on Long Island, schedule a consultation with the Law Firm of Gianni Karmily – right away – by calling (516) 614-4228.