Domestic Violence Attorney in Westchester County, NY

An accusation of domestic violence can turn your world completely upside down. One moment, things are normal, and the next, you are facing the criminal justice system, and everything feels uncertain. The stress is immense, and the path forward seems foggy. Having legal help allows you to begin focusing on your future instead of dwelling on the anxiety of the present.

Since 1995, Westchester Criminal Defense Lawyer Michael J. Borrelli has been a tireless advocate for the accused. As a former prosecutor, he has first-hand knowledge of how the opposition will try to secure a conviction. That makes him exceptionally effective at poking holes in their cases while presenting the strongest possible domestic violence defense case.

We are here to help you find a way forward.

New York law does not define domestic violence as a single criminal offense. Instead, domestic violence refers to a category of crimes that involve some type of family or household relationship between the alleged victim and the accused individual. As a result:

• Domestic violence charges in Westchester County, NY, are somewhat unique from other criminal cases.
• There can be immediate legal consequences when police are called to respond to a domestic violence call.
• Having a well-crafted, strategic defense can be pivotal to bringing the truth to light and protecting the accused individual’s rights and reputation.

Whether you have been accused of domestic violence for the first or another time — and regardless of the circumstances surrounding the incident and your arrest — you can rely on Attorney Michael J. Borrelli when it’s time to defend yourself and seek the best possible outcome.

Explore the following to learn more about domestic violence arrests, charges, and cases in Westchester County. Whenever you need additional advice or 5-star criminal defense representation, don’t hesitate to contact the Law Offices of Michael J. Borrelli for a free, confidential consultation.

TABLE OF CONTENTS

Mandatory Arrest

When police respond to a domestic violence call and there is reasonable cause to suspect this offense has been committed, they are required to make an arrest. This is due to the mandatory arrest laws for domestic violence in New York. Though enacted to try to help victims who may not be able to speak up, these laws can also create an array of problems for the accused. They can even lead to the wrong individuals being accused of domestic violence crimes.

In fact, with mandatory arrests for domestic violence in Westchester County, NY, it’s crucial to know that:

• Violence does not have to happen for an arrest to be made: Although many acts of domestic violence involve assault or other violent crime charges, threats of injury may be sufficient for domestic violence charges and arrests. Consequently, charges like menacing, harassment, and stalking can fall under the category of domestic violence just as much as charges of assault or abuse.
• A victim’s wishes may not be considered: This is true both at the arrest phase and, later, when prosecutors enter the picture. Effectively, it means that domestic violence criminal cases can proceed against the accused even when the alleged victim does not necessarily want to file charges or testify later.
• Victims may end up under arrest: Sometimes, police make the wrong call when it comes to determining who is the aggressor versus the victim in a given situation. That can wrongly put domestic violence victims and those who may have simply been trying to defend themselves in the legal hot seat.

Mandatory Reporting

Along with mandatory arrest laws for domestic violence, New York also has mandatory reporting laws for this offense. Also well-intentioned, these statutes are aimed at protecting children who are reasonably suspected to be the victims of mistreatment or abuse.

Mandatory reporters in New York span several occupations, all of which have been deemed, within the practice for their profession, to have the ability and/or potential opportunities to spot and help alleged victims. Some of the mandatory reports in New York include:

• Health care providers, like physicians, surgeons, registered nurses,
• Mental health care professionals, such as psychologists and counselors
• Educators and other care providers, like teachers, school nurses, school administrators, and daycare workers
• Others, such as social workers, police, and district attorneys

For those who are mandatory reporters in New York, failing to make a report when legally required to do so can result in Class A misdemeanor charges. These may be punishable by up to 1 year in jail and up to $1,000 in fines.

What Counts as Domestic Violence in New York?

When people think of domestic violence, they often picture a physical assault. While that is certainly one form, New York law defines domestic violence much more broadly. The legal system recognizes that an injury is not always visible.

Domestic violence can be a pattern of behavior between people in a family or intimate relationship. This can include a current or former spouse, a romantic partner, a co-parent, or another family member. Some actions that can constitute a family offense in New York include:

• Assault or attempted assault
• Stalking
• Harassment or aggravated harassment
• Strangulation
• Menacing (threatening behavior)
• Sexual misconduct or abuse

Your Side of the Story Needs a Strong Voice

An accusation is just that — one side of an event. The prosecutor will build a case based on the initial report and any collected evidence. It's your right as the defendant to present your own story, challenge their claims, and protect your freedom. Without a strong advocate, your voice can get lost in the system.

A domestic violence defense attorney is your representative and your shield. We listen to you, review every piece of evidence, and find the weaknesses in the prosecutor’s argument. Our job is to make sure your perspective is clearly and powerfully presented, both in negotiations and, if it comes to it, in a courtroom. We handle the complexities so you can focus on holding your life together.

Adult Protective Services

Domestic violence cases often come with protection orders for the alleged victims. These orders of protection may be:

• Limited or full: This refers to the amount of contact that is permitted or prohibited, based on the circumstances of the case. While limited protection orders may allow some level of contact, full orders of protection tend to limit any contact whatsoever, including calls and emails.
• Temporary or final: This refers to when the order is issued and how long it will last. Generally, temporary orders of protection are issued in emergency situations or while a case is pending. In contrast, final orders of protection may be handed down after a pending case has been resolved.

Being accused of violating an order of protection in Westchester County, NY, can have many negative consequences, including (but not limited to):

• Revocation of bail: If the accused individual is out on bail while a domestic violence (or other) criminal case proceeds, the court can revoke bail and immediately remit the accused individual back to jail.
• New criminal charges: These charges, at the very least, can include criminal contempt of court, which may be filed at the misdemeanor or felony level. Additional charges can also come into play if the accused person is alleged to have committed other offenses while violating the order of protection.

Given how violations of protection orders can complicate criminal cases, it’s crucial to work with an experienced lawyer when facing these and other serious criminal charges.

Child Abuse

Alleged acts of mental, physical, and sexual abuse can all bring child abuse charges under New York law. So can neglect, the exploitation of a child, and permitting the sexual abuse of a child. Depending on the circumstances involved, child abuse charges may be misdemeanors or felonies, with factors like (but not limited to) the following contributing to the severity of the charges:

• The age of the alleged victim: When the alleged victim is younger than 13, in cases of abuse that involve sexual molestation, serious felony charges are usually filed.
• The nature and duration of the alleged abuse: More severe acts of abuse and/or any abuse that occurs over extended periods of time tend to be associated with more serious felony-level charges.
• The nature and severity of the alleged injuries to the child(ren): Cases involving permanent injury are also among the most serious types of child abuse cases.

Challenging the Allegations

Every domestic violence case is unique, and so is the defense. We investigate the facts surrounding the charge of assault or violence. Some avenues for a defense include:

• Acts of Self-Defense: Were you protecting yourself from injury?
• False Allegations: Sometimes accusations are made out of anger or to gain an advantage in a separate issue, like a divorce.
• Lack of Proof: The prosecutor must prove their case beyond a reasonable doubt. We can show when the evidence is weak or non-existent.
• Accidental Events: Not every injury is the result of an intentional act.

The Difference Between a Misdemeanor and a Felony Charge

In New York, domestic violence charges fall into two main categories: misdemeanor or felony. A misdemeanor is a less serious crime, often charged when there are threats or a minor physical conflict without serious injury. While still a serious charge, the penalties are less severe than for a felony. A felony is the most serious type of crime you can be charged with. An incident might become a felony if it involves a weapon, serious physical injury, or a violation of an existing restraining order. A strong criminal defense lawyer works to show why a charge does not meet the high standard of a felony, often working to have charges reduced or dismissed altogether.

Defending Against Domestic Violence Charges in Westchester County, NY

As serious as the charges and potential penalties can be for domestic violence cases in New York, there can be many ways to defend against them. In fact, with these defense cases, it’s crucial to remember:

• The burden of proof rests with the prosecutor. That can mean an effective defense only needs to create enough holes or doubt in the prosecutor’s arguments.
• Allegations can be falsely made or trumped up when heated emotions, bitterness, or revenge may be involved.
• These cases often come down to he-said-she-said arguments. When they do, a skilled lawyer can be crucial to showing the credibility and character of the accused individual.

Don’t Face Domestic Violence Charges Alone: Contact Westchester Domestic Violence Lawyer Michael J. Borrelli

If you or a loved one has been arrested for or charged with domestic violence in Westchester County, NY, the sooner you have Westchester Domestic Violence Defense Lawyer Michael J. Borrelli in your corner, the better. He can advise, guide, and represent you at every step, from dealing with police and representing you in court hearings to reinvestigating your case, presenting a strong defense, and more.

Call (914) 350-5110 or contact us online for a FREE, confidential consultation. We offer consultations 24/7.

With tens of thousands of criminal cases under his belt, Michael J. Borrelli is well-versed in New York criminal law, as well as having lasting relationships with the courts and police in Westchester County. He also has a near-perfect success rate in more than 40 felony criminal trials and a near-perfect 9.2 rating from former clients on Avvo.

Beyond his experience and credentials, Attorney Borrelli is dedicated to helping people just like you. He knows how overwhelming the criminal justice system can be and how good people can end up on the wrong side of the law. That’s why he works tirelessly to provide effective defense representation and client-focused service in the pursuit of fair, favorable resolutions for his clients.

Find out your best defense options against domestic violence charges in Westchester County, NY, in a FREE consultation.

Frequently Asked Questions

Additional Information in Westchester, New York

• New York State Unified Court System - Domestic Violence Cases: Provides detailed guidance on handling domestic violence cases within New York State.
• Office for the Prevention of Domestic Violence - New York: Offers resources and support for individuals dealing with domestic violence in New York.
• New York State Department of Health - Domestic Violence Prevention: Information on prevention programs for domestic violence in New York.

Additional Legal Help

• Sex Crimes
• Family Law