Domestic Violence Attorney
New York law allows for serious charges to be brought against anyone accused of domestic violence. Judges, lawyers, and law enforcement agencies will often rush to make a decision due to the nature of domestic violence cases. This can lead to a swift arrest or the issuing of an Order of Protection.
Having a New York record for domestic violence can damage your reputation as well as your freedom. It is important to hire an experienced Long Island domestic violence attorney to represent you and your rights if you are charged with domestic violence. Contact our Long Island, NY law firm for a free consultation at (631) 259-6060.
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Initially, to be considered domestic violence under New York law, the act must be alleged to have been committed between people who have a particular type of relationship with one another, such as:
Domestic violence itself can be difficult to define exactly as there is no crime actually called “domestic violence” in New York law. Offenses often included under the term “domestic violence” include Stalking, Harassment, Menacing, Reckless Endangerment, Strangulation, Obstruction of Breathing, Disorderly Conduct, Sexual Abuse, Sexual Misconduct, and Forcible Touching.
If you have been charged with domestic violence, you will need a skilled domestic violence attorney to ensure your legal rights are protected. Domestic violence lawyer Jason Bassett has years of experience they can use to help you figure out the best options you can choose. To speak with top attorney Jason Bassett, contact our firm at (631) 259-6060.
It’s important to note that once a domestic violence call is placed on Long Island or elsewhere in New York, even if things have calmed down by the time the police arrive the officers have little discretion in whether or not to make an arrest because of “Mandatory Arrest” laws.
New York law requires the immediate arrest of anyone accused of domestic violence if the police find probable cause, even if the alleged victim asks that no arrest be made and tells the police that they don’t want to press charges. When you have been arrested for domestic violence in New York, it is crucial that you get the immediate representation of an experienced domestic assault lawyer to guide you forward. If you or someone you love has been arrested in Suffolk County, Nassau County, contact our firm at (631) 259-6060.
An Order of Protection can be issued by Suffolk County, Nassau County, and any other Long Island, NY court to the victim. This order may require that the accused stay away from the victim and their house (even if they are living together), as well as any schools or places of work. An Order of Protection can order domestic violence victims to stop communicating with the defendant via mail, phone, e-mail, or voicemail.
The Order of Protection requires handguns and pistols to be surrendered along with revolvers, guns, rifles, shotguns, and any other firearms that are owned or in the possession of the police. A violation of an Order of Protection could lead to criminal contempt. Jason Bassett, an attorney in New York can provide a consultation free of charge and more information about Orders of Protection.
Temporary orders of protection often last until the next court date. The court will usually extend the temporary protection order from one court date to another in order to ensure that the victim stays protected. Final orders of protection can last up to eight years depending on the facts of the case, the threat or physical injury involved, and whether or not a weapon was used.
Violations of an order for protection are serious criminal offenses. If you or a loved one has violated an order of protection, it is important to speak with an experienced domestic violence attorney rights away. Violation of any order of protection can lead to severe penalties, including jail time and the loss of your license.
Domestic assault attorney Jason Bassett has years of experience working with those who are facing allegations of domestic violence and domestic assault. He may be able to help you fight your charges and create a solid defense for your Long Island domestic violence case.
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New York City divorces often occur because the couple has grown apart from each other or has had problems in their relationship. New York state law allows spouses to file for divorce on any of seven grounds. One of these grounds is related to domestic violence.
Domestic violence cases are often categorized under the “Cruel or Inhuman Treatment” ground when couples are considering divorce. New York’s Domestic Relations Law § 170 states that this ground for divorce can be used when the abuse or domestic violence has resulted in the plaintiff’s mental or physical well-being being endangered and makes it unsafe for them to continue living with the defendant. However, it is important to remember that in order to use this ground, the victim must have suffered significant abuse, and their well-being or mental state has been threatened by the defendant.
The specific facts of each domestic violence case will be considered by the court when determining whether the defendant’s treatment constitutes cruel or inhuman treatment. Physical attacks, verbal abuse, and threats against minors are all examples of abuse that could meet this standard. The plaintiff must present sufficient evidence to support their claims of domestic violence. Evidence can include video footage and witness testimony, recordings of phone calls or texts, 911 calls or arrests, and recorded phone conversations or texts.
The court may also consider domestic violence when determining child custody in the divorce process. According to Domestic Relations Law Section 240, the plaintiff will have to provide evidence of the domestic violence in order for the action to be considered in determining the child’s best interest.
Aside from the legal repercussions of a domestic violence case in a divorce or other family court matters, it is also considered a criminal offense in NY. A criminal conviction for domestic abuse or domestic violence can lead to the defendant losing their right to possess firearms as well as other penalties.
If you are facing allegations of domestic violence while going through a divorce, it is important to seek the help of an experienced defense attorney. A skilled lawyer may be able to help you create a solid defense strategy to protect your rights and your freedom. Contact the law firm of Jason Bassett Criminal Attorney today at (631) 259-6060 to schedule a free consultation.
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24 hours a day, 7 days a week
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In New York courts, Long Island domestic violence conflicts are allegations of criminal acts committed by individuals who have or have had some form of domestic relationship and/or intimate relationship with the victim. The crimes can range in severity from violations to misdemeanors and even felonies. Some of the most common offenses charged in domestic violence cases on Long Island include:
If you are accused of any of the things listed above, or if you have violated an order of protection, it is essential to get representation of experienced domestic violence lawyers who understand the nuances of this area of law and knows what kind of protection you need against charges of domestic violence. At the Law Offices of Jason Bassett, you can talk to an experienced lawyer who can help you understand the choices you may have. For more information and to speak with a highly-rated criminal attorney, contact Jason Bassett, Esq. today. For a free consultation call us 24 hours a day, 7 days a week at (631) 259-6060.
Many people think about bail when they are arrested. It is very important to stay out of custody during the pre-trial process in order to maintain your life. Research has shown that defendants who are not in custody at the time of the trial have better outcomes. Attorney Jason Bassett’s first goal as a domestic violence lawyer is to get our clients out of jail so they can face trial.
New York’s bail reform legislation went into effect in January 2020. New York’s new bail rules replaced cash bail and secured bonds. Although many of these changes were intended to prevent people from being held indefinitely without trial, some New York domestic violence cases may not see the benefit. These are the key changes made to New York’s bail laws.
All misdemeanor cases will be freed from pre-trial custody without bail. Cash bail is also abolished except for those misdemeanors that involve sexual offenses, or those that involve criminal contempt charges for violating a domestic violence order of protection.
Pre-trial detention without bond and cash bail is no longer available for most nonviolent felonies, except domestic violence allegations, certain sex offenses, terrorism-related charges, offenses against children, conspiracy to commit murder, witness intimidation, and tampering
Pre-trial detention with bail or cash bail is still permitted in most violent felonies.
New York’s bail reform laws will enable many who are arrested for serious offenses to avoid pre-trial imprisonment. However, those facing domestic violence allegations will likely be an exception. The prosecution team will usually ask for bail on qualifying cases, and judges will set the bail. The basis for the judge’s decision is the prosecution’s claim that the defendant is a threat to the life of the complainant.
To ensure fair bail, it is crucial to have an experienced New York defense attorney on your side. The new bail reform laws require judges to consider other alternatives to pretrial incarceration. Jason Bassett Criminal Attorney may be able to help you fight your accusations and help you protect your freedom.
Sometimes, false accusations can be made and domestic violence cases can stem from those accusations. A domestic violence conviction can result in severe penalties. You will need to have the skills and representation of domestic violence attorneys who have proven track records of successfully representing defendants and exposing false accusations.
Jason Bassett Esq. is a skilled Suffolk County domestic violence lawyer. Attorney Bassett has the knowledge and experience to find any inconsistencies and contradictions in an alleged victim’s story and prove they are making a false accusation. He may be able to help you get your life back. Contact our law firm at (631) 259-6060 to schedule a free consultation.
In a domestic violence case, having a skilled lawyer is important. Your lawyer’s job is to help you explore all the possible avenues that could lead to your freedom or get your case dismissed. Because domestic violence is taken very seriously in New York, it can be challenging to find a one-size-fits-all defense strategy that will work for each case. However, with an experienced lawyer by your side, there are possible defenses that they can use to help ensure your best interests are protected.
If there is no proof that you committed domestic violence, then your attorney’s job is easier. In a domestic violence case, there is no conviction if the prosecution is not able to reach the required burden of proof. A skilled domestic violence lawyer may be able to help you uncover flaws or contradictions in the prosecutor’s case.
Another defense commonly used in a domestic violence case is to demonstrate that you are not the person who committed the offense. This type of defense can be proven if you have an alibi that you were elsewhere during the time of the incident. Witnesses may testify on your behalf to prove that you were present with them and not with the complainant. You can also support your case by providing photos or videos that were time-stamped.
A defendant may also be wrongly accused of something that has nothing to do with the actual violence. This is common in divorce cases, where one spouse falsely claims that there was abuse in order to gain money, gain custody, and/or fulfill some vendetta. It is possible to defend yourself by finding contradictions in the story of your opponent, having an excuse, etc. You should hire a Long Island criminal defense lawyer to help you in these situations.
Self-defense is also one form of defense against domestic violence allegations. This could be, for example, if you were struck by someone and had to respond to protect yourself, this would be an act of protection. It can be more difficult to prove self-defense, however, if you elicited the aggression through verbal threats or hostile actions.
Facing allegations of domestic violence can be daunting. It is important that you have the legal representation of skilled Long Island domestic violence attorneys to help you create a solid defense and protect your rights. Long Island attorney for criminal defense Jason Bassett has years of experience helping clients face domestic violence accusations. If you are looking for a top-rated attorney in Suffolk County or Nassau County, Long Island, contact Jason Bassett Criminal Attorney today.
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You still have important legal rights even if you were charged in a Suffolk County or Nassau County domestic violence case. The quality of your lawyer for domestic violence can have an impact on the outcome of your case.
If you’re facing domestic violence charges, it is important to have representation that will protect your rights and reputation. It is crucial to have a Long Island defense lawyer who has the experience and knowledge necessary to represent you and advise you throughout the entire process.
Jason Bassett Esq. is a former prosecutor and skilled criminal defense attorney. He represents clients accused of domestic violence. He also fights for Orders of Protection in Suffolk County and Nassau County and elsewhere on Long Island. His combination of experience and understanding allows him to provide aggressive representation for those accused of domestic violence. For a confidential consultation, call the Law Offices Jason Bassett if you’ve been accused of domestic violence. Call us at (631) 259-6060.