Defending You Against Domestic Violence Charges

The consequences of domestic violence allegations can be detrimental to your professional reputation as well as your personal and family life. If you are facing domestic violence charges, you will need an experienced criminal defense attorney who understands criminal law and how domestic violence charges can impact family law proceedings.

With more than 30 years of experience in the New York criminal justice system, I can help you fight the charges you are facing. Located in Queens County, Kew Gardens, I am attorney Luke Scardigno, and I am the founder of the Law Office of Luke Scardigno.

The Complexities Of Dealing With Domestic Violence Charges

If you have been accused of domestic violence involving your spouse, partner, child, sibling or any other family member, even your pet, I am sure that you are confused and overwhelmed, and you probably have a lot of questions. One of the most confusing aspects of a domestic violence case is when your accuser decides they don’t want to press charges. I can explain why a prosecutor will still attempt to pursue the case anyway.

I will protect your rights throughout the criminal court process. When I take on a domestic violence case, I will be there to help:

• Investigate the allegations against you
• Contact the police to discuss the allegations involved
• Help you surrender to the police if necessary
• Challenge an order for protection
• Defend you against the domestic violence charges in criminal court

I approach each case with sensitivity and professionalism. In my experience, I know this is a difficult time, and my goal is to help you get your life back to the way things were before your arrest.

Surrendering To The Police

When a police officer or detective tells you that “anything you say can and will be used against you,” they mean it. The problem is that you may not get those warnings until after the police question you. You should never walk into a police interrogation situation without knowing your rights. You should always bring your attorney with you. Do not speak to the police without being represented by defense counsel.

Even if an officer or detective says that you just need to straighten a few things out and asks you to come to the precinct, you should take a criminal defense attorney who understands the criminal justice system with you. I can protect your rights by contacting the police on your behalf. I will properly explain your side of the story to the police and offer evidence that may prevent you from being arrested. I can facilitate your surrender if it becomes necessary. With my help, you can avoid having the police show up unannounced at your home, or even worse, your place of employment, to place you under arrest.

Common Domestic Violence Allegations

I will defend you for any type of domestic violence crime you may be charged with, including the most common allegations:

• Physical assault
• Threats of physical violence, known in New York as harassment
• Strangulation, known as criminal obstruction of breathing
• Child abuse, neglect or another form of endangering a child’s welfare
• Making threats and menacing a family member
• Violations of protective orders

As your criminal defense attorney, I will be by your side throughout the process for whatever domestic violence charges are brought against you. Through creative investigation, skilled negotiation and careful preparation, it is possible to have these cases dismissed. If that is not possible, then I will discuss the possibility of the charges being reduced to a noncriminal offense, such as a violation of disorderly conduct or harassment, if your case calls for that type of disposition.

Understanding Menacing Charges

The crime of menacing involves threatening another person and placing him or her in fear of death or serious physical injury. This is considered third-degree menacing, which is a Class B misdemeanor. There are different classifications of menacing. If an individual is alleged to have displayed a deadly weapon while making threats against another person, he or she may face second-degree menacing charges. Felony menacing charges may come from repeat second-degree menacing charges or threatening a police officer.

No matter what degree of menacing charges you are facing, it is important to take prompt legal action and contact a lawyer. You may be facing large fines, probation, prison time and other penalties, including a lifetime criminal conviction that could affect you for years to come – or a lifetime. Menacing charges often go hand in hand with other domestic violence charges, and I can help you reach a resolution with all of them.

Fighting Orders Of Protection

I also have extensive experience challenging orders of protection in family court and in the Supreme Court Integrated Domestic Violence system, commonly referred to as Integrated Domestic Violence (IDV) court. IDV courts have been established as criminal courts for each county in the New York City area.

Full “stay away” restraining orders of protection, which are always part of a domestic violence case, can make life difficult to manage. You may not be able to go to your home, and you may not be able to see your children. You cannot go home, even to pick up your clothes or personal belongings, without a court order. If there is an order of protection against you, I will work hard to:

• Arrange a way for you to pick up your belongings without violating the order of protection
• Ask a family court judge to grant you visitation rights if your children were included in the order of protection
• Have the order of protection fully terminated or have it reduced to a limited order of protection, which means you can see, be around, talk to and even live with the person named in the order of protection as long as you do not assault, threaten, menace or harass the party named in the order.

Domestic violence charges are hard on the entire family, and I understand how important it is to have access to the essentials of your daily life and to spend time with your children during this time.

Consequences And Penalties Of A Domestic Violence Conviction

Domestic violence cases need to be handled by an experienced criminal defense attorney who understands the consequences beyond your court case. If not handled properly, accusations of domestic violence can lead to:

• Jail time and fines
• Fines
• Probation
• Restraining orders and orders of protection
• Violations of orders of protection
• The loss of child custody and visitation rights
• Exclusion from your home
• The loss of your job

Accusations of threats, assault and harassment by a spouse or partner are often connected to a divorce or family court offense or custody and visitation proceedings. I am able to assist you in family law matters as well. Not all lawyers are qualified to handle both criminal and family court matters. In my decades of courtroom and legal experience, I can see how one case affects the other, and I will fight to protect your rights in all respects.

Consult An Experienced New York City Domestic Violence Lawyer For Free

Contact me online or call me at 718-414-6186 as soon as possible for a free consultation. As an experienced domestic violence lawyer, let me use my extensive knowledge to represent you in Queens, Brooklyn, New York City and the Bronx, as well as Nassau and Suffolk counties, in all cases involving domestic violence, assault, harassment and violations of orders of protection. My office is located close to the Queens Criminal Courthouse.

Se habla español.

Spanish, Italian and Greek language services are available.