Our Proven Approach to Domestic Violence Defense

When facing domestic violence charges, it is critically important to get legal representation as soon as possible. Simply being arrested and charged alone can lead to legal restrictions and complications. For example, the Court is likely to issue an Order of Protection, preventing you from having any form of contact with the complaining party. If you share a residence with the complaining party, you may need to find new housing until the Order of Protection is modified or the case resolves in such a way to allow limited contact with the complaining party. If you have children in common, you will likely need to arrange for supervised visits or apply to have the Order of Protection modified. Oftentimes, if the alleged crimes occur in the presence of children, the Order of Protection may include the witness children as protected parties and you may not be allowed to contact your children until the Order is modified. All applications to modify Orders of Protection generally require in-court hearings, and it is crucial to have an experienced defense attorney to argue for you on your behalf before the case even begins to unfold.

That’s where the Criminal Defense Office of Ricky Shah steps in. We will ensure that your rights are protected at every stage, that false or exaggerated claims are exposed, any evidence used against you is lawfully obtained, and that you receive a fair trial — or simply avoid one altogether through dismissal or a plea to a reduced charge and sentence.

At the Criminal Defense Office of Ricky Shah, we take a comprehensive, fact-driven approach to your defense. Generally, this involves the following steps:

  • Case Evaluation: We begin by thoroughly reviewing the arrest, evidence, and statements involved. Typically, this involved reaching out directly to the prosecutor assigned to your case to understand their position on your matter, what initial charging/sentencing recommendations they have, and what evidence is currently in their possession. We will be aggressive, persistent, and professional with your assigned prosecutor.

  • Investigation: Once we’re in possession of the evidence sought to be used against you in Court, we analyze the evidence and evaluate our defense from the perspective of the prosecution. We’ll interview witnesses, review surveillance footage and digital communication, and consult with forensic experts if needed.

  • Suppression of Unlawful Evidence: If evidence was gathered illegally or if your rights were violated during arrest, we fight to have it suppressed in court. Some examples of previously successful criminal defenses include.

    • Lack of probable cause: If the arresting officer didn't have a valid reason (probable cause) to stop, search, or arrest, we can challenge the validity of arrest, possibly leading to dismissal of your charges.

    • Insufficient evidence: The prosecution must prove each element of the charges beyond a reasonable doubt. If the evidence is too weak, unreliable, or missing key elements, the case may be dismissed by the judge or dropped by the prosecutor.

    • Constitutional violations: The United States Constitution affords everyone in the criminal justice system certain rights that may never be compromised. If a person’s rights were violated, even innocently, any evidence tangentially related to the violation could be suppressed, leading to higher likelihood of dismissal or reduction of charges. Examples of such violations include:

      • Illegal search or seizure of property. The rules and requirements of when, where, and how the police may search you, your belongings, your residence, or vehicle and retrieve inculpatory evidence is a massive and complex body of law, and it takes an experienced and knowledgable criminal defense attorney to be able to navigate it. The police cannot just search you for whatever reason they feel like. If your rights were violated in this respect, the prosecution will not be able to use any illegally obtained evidence against you, which could lead to suppression of key evidence - which oftentimes can result in a dismissal.

      • Improper interrogation. Similarly, there is a complex body of law regarding when a police officer can speak to you, where they can speak to you, and under what conditions they can speak to you. If you were illegally “interrogated,” any statements you made to the police can be suppressed, and nothing you said to the police can be used against you in Court.

    • Procedural errors

      • Cases can also be dismissed if there are technical or procedural mistakes made by the police or the prosecution at any point in your case. Examples include:

        • Speedy Trial Violations (CPL § 30.30). Prosecutors have a certain amount of time to state their readiness to proceed to trial. If they are unable to proceed to trial within the statutorily required timeframe, you case can be dismissed.

        • Discovery Violations: Pursuant to CPL §245, prosecutors are required to turn over all evidence tangentially related to your case within a statutorily required timeframe, and may not state readiness for trial until they’ve done so. Competent defense attorney’s are experts in leveraging these types of procedural requirements to ensure your rights are protected.

        • Defective Accusatory Instrument: In New York criminal court, the complaint, information, or indictment must meet strict standards. If it's facially insufficient (lacking facts or clarity), it can be dismissed under CPL § 170.30(1)(a). Competent defense attorney’s are experts in understanding the nuances of these standards.

  • Motion Practice and Trial Preparation: At a certain point in your proceedings, we will argue our legal defense in written notices to the court, known as motions. The prosecution will generally always respond with their own motion, and a judge will eventually render a decision.This is a critical point in your case pendency, and cases can often be won at this stage outright. Sometimes, judges require the defense and the prosecution to orally argue their legal positions in Court, and then render their decision based on those oral arguments. These are known as hearings, and are typically the final step before a case goes to trial if your case is not dismissed on a legal or procedural defect. Of course, we will always be prepared to take your case to trial in front of a judge and jury,

Domestic Violence Crimes

In New York, domestic violence violations refer to offenses committed against a family or household member. These violations can range from misdemeanors to violent felonies, depending on the severity of the offense. Domestic violence is not a separate charge, but rather a category of offenses that involve intimate partners or family members, and typically involve orders of protection, which are court mandated orders preventing the defendant from engaging in any physical, telephone, email, or third-party contact with the complaining party. Examples of common offenses within the context of domestic violence include:

  • Assault

    • Third Degree (Class A Misdemeanor):Causing physical injury to another person intentionally or recklessly.

    • Second Degree (Class D Violent Felony): Causing serious physical injury, often with a weapon.

    • First Degree (Class B Violent Felony): Intentional injury with a deadly weapon or disfigurement.

      • “Disfigurement” is a technical legal term, and refers to a type of serious physical injury that results in permanent or significant alteration of a person's appearance.

  • Aggravated Harassment

    • Harassment in the Second Degree (Violation): Following, striking, or alarming a person.

    • Aggravated Harassment in the Second Degree (Class A Misdemeanor): Threatening someone via phone, mail, or electronic communication.

  • Stalking

    • Fourth Degree (Class B Misdemeanor): Repeated unwanted contact or threats causing fear for safety.

    • Third Degree (Class A Misdemeanor): Applies if the stalking targets 3 or more people, includes a prior conviction for similar conduct, or shows intent to cause harm.

    • Second Degree (Class E Felony): Applies if the stalking involves a weapon, if the alleged victim is under 14 years old and the defendant is over 21 years old, or if the alleged victim is a protected party in an order of protection against the defendant.

    • First Degree (Class D Felony): Applies if the stalking also results in physical injury, a sex offense, or any conduct that would otherwise constitute a serious felony.

  • Criminal Contempt

    • Second Degree (Class A Misdemeanor): Willfully disobeying a court mandate, such as an order of protection.

    • First Degree (Class E Felony): Violating an order of protection with intent or annoy, harass, threaten or alarm; repeated violations of orders of protection, or making physical contact with a party protected by an order of protection.

    • Aggravated Criminal Contempt (Class D Felony): Violating a court order and causing physical injury to a party protected by an order of protection, or committing any form of Criminal Contempt while having a prior conviction for any Criminal Contempt in New York.

  • Menacing

    • Third Degree (Class B Misdemeanor): Intentionally placing or attempting to place another person in fear of physical injury, serious physical injury, or death.

    • Second Degree (Class A Misdemeanor): Includes the third degree offense, plus aggravating factors, such as:

      • Displaying a deadly weapon or dangerous instrument.

      • Following a person with intent to intimidate.

      • Committing the act after a prior conviction for menacing in New York .

    • First Degree (Class E Felony): Includes the second degree offense, while having a prior conviction for menacing within the last 10 years.

  • Strangulation

    • Second Degree (Class D Felony): Occurs when someone intentionally impedes breathing or blood circulation and causes physical injury to the victim.

    • First Degree (Class C Felony): Occurs when someone commits the second degree offense, and causes serious physical injury to the victim.

    • Criminal Obstruction of Breathing (Class A Misdemeanor): Typically charged when placing hands around the victims throat or neck area, but without causing physical injury.

FAQ’s

  • Depending on the severity of the alleged charge and surrounding facts, first-time offenders may qualify for alternative to incarceration programs or reduced sentencing. However, it is still critical that you have an experienced defense attorney to help you navigate these negotiations. Generally, prosecutors take into account prior domestic violence complaints and your past criminal record when determining whether alternative programs or reduced sentencing is appropriate in any given case.

  • In New York, the State — not the victim— determines whether to pursue criminal charges. Even if the victim refuses to cooperate or recants, prosecutors may still choose to move forward. Prosecutions without victims as cooperative witnesses are generally more difficult to prove, but are still common practice. Prosecutors can choose to prove their case through different witness’ testimony, medical records, or prior statements made by the victim depending on the circumstances.

  • If there’s an order of protection, any contact—even through a third party—can lead to additional charges. Always follow the court’s instructions and speak with your lawyer before taking any action.

  • It is impossible to say with any certainty how long a domestic violence case can take in court. Timelines vary depending on the severity of the charge, the complexity of the evidence and legal issues involved, and even court backlog. Generally however, it would be unusual for a misdemeanor domestic violence charge to remain open for longer than 12-18 months, and for a felony domestic violence charge to remain open for longer than 24 months. There are always exceptions, but this is a fairly standard general timeframe.