New York City Roommate Violence Lawyer
Domestic violence charges are commonly brought when violent crimes are between two people engaged in an intimate relationship. The determination of whether or not two people are dating is generally made by the prosecutor through asking the victim in the case the nature of the relationship between that victim and the defendant.
The case can either be charged as domestic violence or as a general crime of whatever it is that the defendant is alleged to have done. Ultimately, the charges filed against the defendant will be the same, the only substantive difference is whether a prosecutor assigned to a general crime bureau or a domestic violence specialized bureau will handle the case.
If you are being accused of harming the person you live with, contact an established domestic violence attorney as soon as possible. A New York City roommate violence lawyer can help you build a strong defense to protect your rights and reputation before trial.
Protection from False Accusations
It is difficult to protect someone who is falsely accused because roommate violence cases tend to be more based on personal accounts and testimonies, with the exception of some crazy people who have cameras all over their apartment. It is one person’s word against another. In general, prosecutors and police will tend to believe the one who called the police or the one who is making the allegation unless given a compelling reason not to.
When a case comes down to one roommate saying that they were assault, while the other roommate denies everything, once the police are involved, to protect oneself one should hire the best attorney that they can to demonstrate that these allegations are untrue.
What Are the Potential Consequences of Conviction?
If a person has been charged with domestic violence in a roommate situation, the consequences of that arrest are likely to result in an order of protection, which will prevent that person from being able to go back to where they live. Because the roommate is the complainant in the case, that person will need to have friends or family nearby who can offer them a place to stay as long as a full order of protection is in effect.
A New York City roommate violence lawyer understands these specific processes in criminal law. Speaking with an experienced domestic violence attorney is important because they might be able to effectively advocate to the prosecutor early to see if the prosecutor can reach to the complainant to see if they will consent to maybe a limited order of protection rather than a full order protection, resulting in the defendant being able to move back home.
Understanding the Role of Law Enforcement
Often, the police are called in the heat of the moment when they may or may not have been necessary to bring in. The NYPD is a law enforcement agency, not a marital counseling agency or a relationship advice hotline. They are frequently called to respond to situations involving domestic disputes where a crime has not actually been committed. However, once the police arrive, usually some sort of legal action will be taken, regardless of whether the caller or complainant ultimately attempts to send the police away.
What Typically Follows a 911 Call?
A lot of times, 911 callers want the police to come to the scene in order to calm things down. When the police arrive, things escalate instead of calming down and the police end up arresting somebody and now that person cannot come home. New York City roommate violence lawyers have seen that many complainants are not opposed to the idea of having that person come home with a limited order of protection. This would mean protecting the individual from being assaulted, menaced, or threatened. They generally have no issue with the person returning to the place where they live and they do not want their roommate to become homeless.
Speaking with a New York City Roommate Violence Lawyer
Having an attorney who understands the role of the police and prosecutors, may be pivotal in proving the veracity of the defendant’s story. Contacting a New York City roommate violence lawyer who understands the process and knows the NYPD procedures for these situations can make a huge difference. This knowledge can be critical in lending credibility to the defendant when speaking to the prosecutor about what actually happened.