Alleged victims and alleged abusers often use judges as pawns in their disputes with their spouses. [1] Being falsely accused of assault is, unfortunately, more common than you may realize. For example, abusers often insist on child visitation rights to control the victim’s life. And, alleged victims sometimes fabricate criminal charges to obtain leverage in a current or future custody case. No one is sure how often these things occur. But they definitely happen.

For the purposes of this blog, we will focus on the second item. A Rochester assault defense attorney does more than stand up for defendants who were falsely accused of assault. An attorney also gives defendants solid advice, so they can make good choices based on the law, not their emotions.

Take the Charges Seriously

Do not assume the judge will automatically see things your way. Some defendants mistakenly believe that if the parties go through a divorce or other family law case, the judge will summarily throw the case out of court.

That’s not the way it works. Domestic battery charges are rather easy to prove in New York. Any harmful or offensive touch could be a domestic battery even if it did not cause an injury. A parallel proceeding in civil court has little or nothing to do with the way the defendant acted on a particular occasion.

Furthermore, do not relax if the judge is a man. Gender has little to do with the way most judges view most cases, including domestic battery. Furthermore, unless there is a bench trial, the judge has the final word but has little to do with the process.

Obey Court Orders

In most jurisdictions, when officers respond to domestic battery calls, they are legally required to tell alleged victims about their right to request a restraining order. So, these orders are usually part of the process.

These orders commonly include no-contact orders and other such provisions. Even if the orders seem unreasonable, obey them. Ignoring them only makes it easier for the state to obtain a conviction.

Usually, there is a hearing about two weeks after the judge issues an ex parte protective order. At that hearing, a Rochester assault defense attorney can effectively present your side of the story. As a result of that presentation, the judge usually either relaxes the terms of the order or throws it out of court altogether.

Partner with a Rochester Assault Defense Attorney

The motives leading up to the charges are generally irrelevant in criminal cases. For example, if police target an individual for drug-running, follow him everywhere, and eventually catch him speeding 1mph over the limit, those charges will hold up in court. [2] So, if an alleged victim was looking for an excise to take you to court, domestic battery is still domestic battery.

Nevertheless, some defenses are usually available. For example, if two people were arguing, self-defense might be an option, if the defendant used a reasonably necessary amount of force. Also, as mentioned, physical injury is not an element of domestic battery. But if there was no physical injury or only a de minimis injury, it’s harder for the state to prove intent.

Rely on an Experienced Assault Defense Attorney in Rochester

For a free consultation with an experienced Rochester assault defense attorney, contact the Law Office of Frank Ciardi. We routinely handle matters in Monroe County and nearby jurisdictions.





The information in this blog is provided for general informational purposes only and should not be used as a substitute for legal counsel on any subject matter.

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