Manhattan domestic violence lawyer Russ Kofman (https://www.lebedinkofman.com/how-to-get-a-domestic-violence-case-dismissed/) releases a new article explaining how to get a domestic violence case dismissed. The lawyer mentions that according to the National Coalition for Domestic Violence, approximately 20 individuals per second are abused by a domestic partner in the United States.
“In some domestic violence calls, the accuser, for whatever reason, has made a false accusation, often in the heat of the moment. Many of these false accusations are in connection with divorce or family cases. Unfortunately, this happens far more frequently than many people realize. But because these are serious criminal allegations, even when the accusations are false, the accused must still take them very seriously,” the Manhattan domestic violence lawyer says.
The lawyer explains that domestic violence charges are serious. Because domestic violence cases are dangerous, those who are facing charges of this nature can face more serious penalties. New York law enforcement is also required to make a mandatory arrest when they have probable cause to believe that violence has occurred.
Attorney Russ Kofman explains that the state brings criminal charges to the defendant, so once the charges are filed, only the state may dismiss them. The charges will not be dropped even if the accuser retracts their statement. The defendant will have to face the charges regardless of whether they are true or not.
In the article, the lawyer adds that even though domestic violence is taken very seriously, the courts do not want to waste time and money prosecuting false claims. There are factors that the prosecution will consider before getting the case to trial. These factors include a lack of clear evidence, a history of false accusations, a lack of cooperation by the accuser, self-defense, and contrary witness testimony.
Attorney Kofman says, “If there are witnesses who have no allegiance to either the accuser or defendant who can submit a statement that there was no domestic violence incident or that the accuser was the aggressor, this may weigh heavily in the defendant’s favor.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing a charge of a Course of Sexual Conduct Against a Child. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.
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