Spousal abuse is a form of domestic violence targeting a current or former spouse. It is arguably the most common type of family violence, and the allegations alone can have a dramatic impact on your life. If you are convicted, the consequences could follow you for a long time, potentially the rest of your life.
It is never a good idea to face these accusations on your own. A dedicated domestic violence attorney could review your situation and help you understand the criminal jeopardy you currently face. Let a Manhattan spousal abuse lawyer advise you on the best way to proceed.
There is no criminal offense known as spousal abuse under state law. Instead, a person accused of harming their husband or wife could be charged with domestic violence. This criminal offense involves some kind of violent act targeting a family or household member. In addition to a current or former spouse, other parties who qualify include parents, children, and individuals in a romantic relationship.
Each of these offenses covers actions that are already unlawful, like an assault. The difference is that there are steeper penalties associated with acts of violence involving a spouse compared to standard battery cases.
While the police take these accusations seriously, it is important to understand that they will not automatically result in a criminal conviction. A person who is accused of spousal abuse has the right to build a defense, and a Manhattan attorney could help them craft a solid defense to secure the most favorable outcome possible.
When a person is accused of spousal abuse, they may feel hopeless. Often, there is an assumption of guilt from the public based on nothing but the accusations of the reporting witness. In reality, many who are accused of this crime have been able to resolve their case with a positive result. This might involve a dismissal of all charges, a plea to a lesser offense, or even victory at trial.
In order for a lawyer in Manhattan to get these results, they will need to develop a viable defense strategy against the marital abuse claims. Some of the most common options include:
The right of self-defense extends to altercations between married couples. When someone has a reasonable fear of imminent harm, they are allowed to protect themselves, even if it means injuring the other party in the process.
The police are frequently called to loud disturbances involving arguments between spouses. There are times when officers will arrest someone to de-escalate the situation, even when there is no clear evidence that someone committed a crime. This might involve circumstances in which there was no physical contact between the parties or when any contact was incidental and did not result in any kind of injury.
Just like in every criminal case, the state must prove these allegations beyond a reasonable doubt. This is a high burden they are not always able to meet. Often, the best option is to avoid making any kind of affirmative defense and instead highlight the weakness of the prosecution’s case.
There are few things in life more stressful than facing accusations of domestic violence. Although you may be tempted to represent yourself in court, you should not fight these charges alone. You are entitled to a vigorous defense, and the right attorney could help you get the outcome you deserve.
A Manhattan spousal abuse lawyer could develop the strongest possible defense for your case, which could possibly get your charges mitigated or dropped altogether. Additionally, we could protect your rights every step of the way. Reach out to us today to schedule a consultation and get started on your case right away.
