Long Island, NY: Jason Bassett, a domestic violence attorney and founder of the Law Office of Jason Bassett, P.C., recently published an article regarding domestic violence charges on Long Island. In the article, it was discussed how hard it can be to define domestic violence as there is no crime called "domestic violence" in New York.
Among the crimes often included under the term "domestic violence" are assault, stalking, harassment, menacing, reckless endangerment, strangulation, sexual abuse, sexual misconduct, and forcible touching. The domestic violence attorney explains: ”To be considered domestic violence in New York, an alleged crime must have been committed by two people with a specific type of relationship.”.
New York law can lead to serious charges for domestic violence accusations. Due to the emotionally charged nature of domestic violence allegations law enforcement agencies, judges and prosecutors often rush to judgement resulting in an immediate arrest and the issuance of an order of protection.
Moreover, the accused is presumed guilty and faces criminal charges as well as being expelled from their home. It is important to remember that once a domestic abuse call has been made on Long Island or anywhere in New York, the officers do not have the discretion to make an arrest based on "Mandatory Arrest" laws.
New York law mandates that anyone accused of domestic violence must be immediately arrested if probable cause is found by the police. Even if the victim requests no arrest and informs the police they don't wish to press charges, the police will still arrest the accused
Furthermore, Mr. Bassett mentions that in addition to an arrest, Suffolk County, Nassau County and any other Long Island courts will typically issue an Order of Protection to the victim against the accused. An Order of Protection can be issued by the courts to require that the accused is away from the victim and their home, even if they live together.
An order of protection can order the accused of domestic violence not to communicate with the protected party by any means, including voicemail, mail, telephone, email, voicemail or other electronic communication. It also requires that all firearms, including handguns and pistols, revolvers or rifles, shotguns, and any other firearms, be surrendered to the nearest precinct.
However, false accusations can also be made for many reasons and with many motivations. Domestic violence cases can be very serious and a person needs to have the skills and representation of a domestic abuse attorney to successfully represent victims and expose false allegations.
To know more about domestic violence charges and domestic violence attorney Jason Bassett, visit their website https://jbassettlaw.com/practice-items/domestic-violence-attorney/.
About Domestic Violence Jason Bassett
As a skilled criminal defense attorney and former prosecutor, Jason Bassett, Esq. represents clients charged with domestic violence as well as criminal contempt for violations of Orders of Protection in Suffolk County, Nassau County, and anywhere on Long Island. He brings a combination of understanding, experience, and aggressive representation to those who have been accused of domestic violence. Contact the law firm of Jason Bassett Criminal Attorney for a free consultation.
SOURCE: Press Advantage [Link]
Criminal Attorney Jason Bassett is an experienced NYC area prosecutor now fighting for defendants in Suffolk County, Nassau County, and Long Island.