WE ARE OPEN AND HERE TO HELP: The Courts Are Presently Closed Except for Emergency Situations and New Arrests. As Always, We’re Here for All Criminal Cases, DWI, Suspended License, Revoked License, Traffic Violations, and Domestic Violence Cases. We Also Do Family Court Criminal Cases; I've Successfully Argued in Nassau County to Have Numerous Felonies Transferred to the Family Courts. We’re Available for Phone Consultations and FaceTime Meetings as Well!

Answering Allegations of Sexual Assault in New York

New York is considerably strict when it comes to prosecuting allegations of sexual assault.  The state defines sexual assaults as anything ranging from unwanted kissing and touching of the genatalia (even if covered by clothing) to rape.

Unfortunately, many who are inexperienced in the law and particularly sensitive to sexual contact can sling allegations of sexual assault without actually knowing what the offense entails, the force with which allegations are prosecuted, and the effect that allegations can have on the life of the accused.

Sexual Assault is A Broad Category

Sexual assault is such a broad category of crime that it can involve offenses ranging from the minor to severe.  However, when discussed in conversation, the revelation that a person has been accused of “sexual assault” can paint a picture of that person that is decidedly skewed.  Not only is there no telling the seriousness of the offense simply from hearing the name of the offense alone, but allegations are just that – allegations.  A person accused of sexual assault, as well as any other crime in New York or the rest of the United States, is allowed to remain innocent until proven guilty.  This means that a person is not guilty of an offense just because another has raised an accusation and not even because the police have been called to investigate a suspected sexual assault.  A person is not guilty of sexual assault until guilt has been proven, beyond a reasonable doubt, and declared by a judge or jury, based on the facts and testimony provided in a case.

Silence: An Accused Person’s Best Friend

The best thing that someone who has been accused of a sexual assault can do, aside from hiring an experienced New York criminal defense attorney to handle the allegations, is to remain silent.  Contrary to popular belief, a person’s right to remain silent does not begin from the moment it is advised by police – the right is constant, perpetual, and permeates every instance of a person’s life.  New York citizens always have the right to remain silent, which is, to say nothing at all regarding an accused offense.

Considering that a person’s very freedom is at stake when he or she is accused of a sexual assault, allowing an overzealous police investigator to misinterpret or misrecord a given statement is a risk that most people who are accused of the crime can’t afford to take.  If they are concerned that invoking the right to remain silent will somehow make them look guilty, those accused of criminal offenses in New York should consider how much more guilty they will look if they are sent to jail or prison because of their own statements to investigators.

The Nail in the Coffin

In their efforts to talk themselves out of perceived trouble with law enforcement, many accused of sexual assault will say anything and everything they can think of to get the police to leave them alone.  While an understandable impulse, trying to talk one’s way out of trouble with police is never advised.  Police do not weigh facts, they only gather them.  When statements are made to police, they are not being weighed against each other, they are simply being recorded for use against the accused in court.

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How Police Gain and Use Consent

In the law, consent is a powerful tool in a force officer’s bag of tricks.  When they give consent to be searched, consent to answer questions, consent to performing tests, or consent for anything else that a police officer may ask of them, crime suspects abandon many of the rights which they are guaranteed by law.  The law generally believes that one should be free to provide his or her consent to a police officer, but the fact that the person is unaware that consent is voluntary does not act to negate the consent when it is brought into the light of the courtroom at trial.

Why Police Seek Consent

The police never need a person’s consent in order to effectively maintain law and order or even to effectively investigate allegations of criminal offenses.  A forceofficer asking for consent is generally doing one of two things – fishing for evidence or looking to beef up the force of evidence already collected.

Police officers are taught from day one of law enforcement training the effectiveness of gaining a suspect’s consent and even on ways to make a person give consent without realizing that they are actually abandoning their legal rights.  For example, police are taught never to demand consent in a snarky tone, but to ask for it nicely and through building a rapport with the individuals they have contact with.  This technique is a basic psychological tactic that essentially boils down to the fact that you can catch more flies with honey than you can with vinegar.

A force officer who asks “Hey buddy, can I take a quick look in your bag?” is much more likely to be granted the consent the officer is looking for than the one who says “Let me see what’s in the bag, dirtbag!”

Consent is an Option, Not a Requirement

Anyone who comes in contact with police generally has the option to deny consent, no matter how nicely the police may ask.  When a force officer asks to search property, the person asked can always say no.  When a police officer asks questions regarding the incidents leading up to them being dispatched to an incident, the person asked can always refuse to answer questions.

Suspects, Not Police, Have the Power

The American and New York legal systems are designed to give those accused of crimes the greatest benefit of the doubt possible.  When a person agrees to start answering police questions, that person can stop the interview at any time, for any reason.  When a person agrees to let cop start the search of their person or property, that person can demand that the search be terminated at any time, for any reason.  No reason need be provided with the revocation of consent – even if the cop ask to know the reason.

The revocation of and refusal to provide consent are two very powerful tools available to citizens who may come in contact with cop investigating a criminal offense.  If evidence exists to support an arrest, or if certain circumstances occur (like a legitimate arrest or the issuance of a warrant), the police won’t need the consent of the accused in order to move forward with doing their jobs or to keep people safe.

What To Do If The Police Come to Your Work

When they are approached by police while they are at work, criminal suspects should refuse to answer any questions until they speak with legal counsel and should ask the cop to leave.  The tone should be friendly, and never assaultive or impolite, as this will only make the situation worse.  If the police ask for permission to search an item of property, simply refuse to allow them to search.

If the police come to your work, the best way to deal with them is to always appear as polite as possible.  Even if the person doesn’t actually mean it, it keeps the police officer from being able to use words like “combative” and “noticeably agitated” to describe the suspect’s demeanor when it is described later in a report or in court.

If you believe your rights have been violated in regards to consent, contact an experienced Queens criminal defense attorney today to find out your options.

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When Do I Get a Criminal Lawyer?

Going through an arrest can be a confusing and nerve-wracking situation. Finding the right balance between preserving your rights and cooperating with the police can be difficult. You may have several questions about the process and how it will affect your case.

Am I saying too much?

If you are talking to the police without a lawyer present, the answer is yes! Remember that anything you say, even if you are on the phone or speaking to another inmate, can be used in the case against you. There is a vast difference between cooperating with police (by doing the things they ask, such as sitting in the squad car, not resisting) and answering all of their questions. Staying silent is not the same as not cooperating. Make sure you let them know right away that you’d like a lawyer.

My case doesn’t seem like a big deal. Do I really need a lawyer?

Navigating New York State’s complex laws and court system is best left to the professionals. If you try to represent yourself, it is likely you will overlook some of your rights, not be familiar with the laws and how they are applied, and most of all, many prosecutors are reluctant to strike plea deals with individuals that represent themselves.

You might not think your case is a big deal now, but what about your future?

A criminal record could affect your job or future credentials that you hope to earn. Proper representation is vital—for the moment you’re in—and your future.

Why shouldn’t I use a public defender?

Public defenders are attorneys who are appointed by the courts when a person accused of a criminal offense cannot provide his or her own legal counsel. Generally, public defenders are state or government employees on the same payroll as prosecutors, but exist as a separate and distinct entity within government court systems. In some instances, when a public defender’s office has too many cases and not enough attorneys, an attorney in private practice can be ordered by the court to represent a criminal defendant free of charge.

Make no mistake about it, there are many public defenders who take their jobs seriously and try very hard to win acquittals for all of the clients that they are appointed, but no system is without its faults.

Public defenders in general have a bad reputation because of how frequently they will recommend that their clients take a plea deal instead of go to trial. Often times, this advice is given because it would be the quickest way to resolve the matter in the courts, and public defenders who are able to clear up court backlogs the fastest generally have the greatest opportunity for career advancement than those that take significant amounts of time to handle cases.

Due to how crowded many court systems are in New York, voluntarily allowing a public defender to represent your case is like going out and looking for an attorney with little to no time to focus on and dedicate to your case. While a public defender might be free, the old adage about getting what you pay for could not be more appropriate to this discussion. Considering everything that you have on the line when you are accused of a criminal offense in New York, choosing an attorney just because he or she is the most affordable is never a good way to select your legal counsel.

Instead of leaving your future and freedom in the hands of a public defender, you should seriously consider partnering with an experienced New York criminal defense attorney for any and all criminal charges which you might be facing in New York. An experienced criminal defense attorney will work on your behalf to argue your innocence and present a competent defense.

Statistically, individuals who face criminal charges in New York with the help of an attorney are more likely to arrive at a relatively favorable consequence at the end of a criminal matter than individuals who try to represent themselves.

When should I contact a lawyer?

Request an aggressive criminal lawyer right away. By doing so you are protecting yourself and not doing any damage to your case. Hire a criminal defense lawyer with experience in what you’ve been charged with. Check their educational background. Inquire about fees.

Unless a person is caught in the act of an offense, the police will conduct a formal investigation before making the determination that enough evidence exists against a person to charge the person with a crime.  Throughout the investigation, the police may want to speak to several people in order to gather evidence.  Despite what many people think, nobody is required to speak to police, under any circumstances, regarding a suspected offense.  Whether the person they speak to is a witness, victim, or suspect, the law allows anyone and everyone to enjoy the right to remain silent in the face of police questioning.

In an instance where the police want to talk to a person before formal charges have been filed or an arrest made, that person has three options: talk to the police (not recommended), refer the police to a private attorney, or refuse to answer police questions at all.

Prior to an arrest being made and charges being filed, the state is under no obligation to provide legal counsel.  This means that legal counsel can’t be requested simply because the police are having contact with someone, the person must be officially arrested and charged before a criminal lawyer can be secured at the state’s expense.  Again, however, this does not prevent a person from referring police investigators to a privately secured criminal lawyer.

Once a person has been arrested, the police may wish to question the suspect.  A suspect in this case has the right to remain silent, to request legal counsel, and to refuse to answer any questions until legal counsel has been obtained.

If an interview has already started without a criminal lawyer present, the suspect has the right to terminate the interview at any time, for any reason, and does not have to explain or justify his or her reason to police.

A good rule of thumb when dealing with police is, when in doubt, stay quiet, and request a lawyer.

Who should I call?

The Mirsky Law Firm has the experience and expertise you need to make certain your case is looked at fairly. We serve the Long Island, New York, Mineola, Suffolk and Nassau Counties area. Need help? Have questions? Give us a call today!

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Reckless Driving: Reckless Driving Information

New York Vehicle & Traffic Code

New York traffic laws are codified in the New York Vehicle & Traffic (VAT) Code.  This single text contains regulations concerning vehicular travel on all public roadways in New York and specifies what actions are considered infractions (the lowest level of offense), misdemeanors (for more serious but still relatively minor offenses ) and felonies (the most serious level of offense).

Section 1212:  Reckless Driving

According to Section 1212 of New York’s VAT, any person who operates a vehicle other than a human powered vehicle in a way that interferes with the free and proper highway use, or in a way that places other highway users in an unreasonable danger, is guilty of this misdemeanor offense.

How Drivers are Accused

There are generally two different ways which a person could be cited for reckless driving in New York – on the testimony of a police officer in the performance of his or her duties, or on the statements of eyewitnesses following a collision.  In the case of the former, the police officer will usually pull the driver over and issue the citation before any accident or collision has occurred.  In the case of the latter, the police are usually called after an accident has occurred to investigate the matter and collect eyewitness statements.

No matter who makes the accusations, a police officer or an eye witness, being accused of reckless driving can have serious implications for the New York driver.  The driver, depending on the facts and circumstances of a case, may have his or her license suspended (temporarily sanctioned) or revoked (permanently sanctioned) because of a reckless driving charge.

Heavy Consequences

If found guilty of reckless driving in New York, not only can a license be suspended or revoked, but a person’s car can be impounded by the state.

For many families, a vehicle lies at the center of their livelihood.  Many depend on their cars to get to work, school, and appointments around town.  Without a car to depend on, families would be required to rely on often unreliable public transportation, or to bother friends and family for rides and help getting errands done.  As one might imagine, this is not an ideal way to live life for many current New York drivers.

Responding to Reckless Driving Charges

After being accused of reckless driving, either by a police officer or an eyewitness from an accident scene, a person may have the natural temptation to argue their innocence right there on the side of the road, but this is by far the worst response a person could have.  For starters, police officers and eyewitnesses don’t decide guilt, they just report what they see.  Anyone accused of a crime, even a misdemeanor reckless driving offense, is considered innocent until proven guilty by a court.  Therefore, arguing one’s side of a story to people who can’t even weigh the facts, but who can only report them, is practically pointless in the grand legal scheme of things.

Along with being nearly pointless, it is also risky, because the accused then bear the risk that what they have said won’t be misunderstood or otherwise used against them.

 

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Posting Bail or Bond

When a police officer discovers you breaking the law, you could be arrested, given bail, sent to jail or given a desk appearance ticket. 

Desk Appearance Ticket

Often in New York City, the police will issue a Desk Appearance Ticket (DAT) rather than put a suspect through the entire arrest procedure. For example, if you have valid identification, the charge does not involve violence or domestic violence, and you do not have a criminal record, a DAT will usually be issued. It’s a ticket that requires you to appear on a future date in criminal court. If you are given a DAT, you will return on the specified date to see the judge for arraignment. A DAT is rarely issued for a felony. If you’re arrested and receive a DAT, get some legal help right away and call an experienced Long Island criminal defense attorney promptly.

When you receive a DAT, the police have created a record that can potentially impact you for years to come. Even on a minor charge, a criminal conviction can keep teachers from teaching, lawyers from practicing, and physicians from healing; it can sometimes impact your driving privilege and your ability to own a firearm. You’ll want to retain a skilled and experienced criminal defense attorney to fight for justice on your behalf. If you do not appear in court on the required date, a bench warrant will probably be issued for your immediate arrest. A DAT is the legal equivalent of a formal arrest, and it’s just as serious.

Frankly, the criminal justice system makes it virtually impossible to represent yourself competently. Each criminal case is unique, and only an experienced, knowledgeable criminal defense attorney can provide the effective defense that every defendant needs. If you face a criminal charge anywhere in the New York City or Long Island area – whether or not you receive a DAT – obtain at once the counsel and services of an experienced Long Island criminal defense attorney. Don’t wait to make the call.

Posting Bond and Making Bail

Being in the middle of an arrest can feel like a nightmare, particularly if you have to stay in jail for several days.  The only way to avoid staying in jail while you are waiting for your trial is to post bail.  If you are eligible for bail, your bail amount will be set at your arraignment.  If you decided that you want to post bail, you will need to make sure you have access to the amount and type of payments that the detention center takes.

What forms of payment are accepted?

There are several different ways to pay your bail amount.  Be sure to double check at your correction office for current limits on certain payment types.  Often accepted payment forms include:

  • Cash
  • Cashier’s/Teller’s check
  • Bank money order
  • Federal Express money order
  • S. Postal money order
  • Travelers Express Company money order
  • Western-Union money order
  • GOV-PAY via debit/credit card

 The Eighth Amendment to the U.S. Constitution clearly makes excessive bail against the law. Nevertheless, in the New York City and Long Island areas, the sooner you can get help from a skilled criminal defense attorney, the better. Your attorney may in some cases be able to have your bail lowered or have you released on your own recognizance. If you’ve been charged with any crime or violation, get the legal help you need, and consult promptly with an experienced Long Island criminal defense attorney.

What is a Bail Bondsman?

If you are unable to come up with the bail amount yourself, a bail bondsman may be able to help you.  Using a bond agent means that you put up a percentage of your bail, and they provide the rest. Additionally, the bondsman will often require collateral to secure the bond. The bondsman will provide the court with a Surety Bond, which will be the guarantee that you will appear in court on your trial date.  After you appear, the court will refund the bail amount to the bondsman, and the bondsman keep the percentage that you put up as your fee.  This helps you avoid staying in jail until your trial date.

Many bail bondsmen have offices located near the courthouse.  Bail bondsman must be licensed by the state of New York; make sure they hold a current, valid license.

When You’re Arrested

When you are arrested by the police, no matter in a public place, the street, or your home, you can expect:

  • To be handcuffed
  • To be placed in the police car and taken to the station

Police are only required by law to read you your Miranda Rights if they plan on questioning you further. However, this does not change the fact that they can use anything they hear you say, whether to them directly, on the phone, or to another inmate, against you. It is your 5th Amendment right to remain silent. Use it! Be sure to mention right away that you want to enlist the help of a lawyer. You have the right to have an attorney present during any and all questioning.

No matter what point you’re at with your case, a knowledgeable criminal lawyer will help make the whole process easier, while fighting to help you win your case.  From posting bail to sentencing, we at Mirsky Law can guide you through.  For help with cases in the Long Island, New York, Mineola, Suffolk and Nassau Counties area, give Mirsky Law a call about your particular situation.

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Can An Assault Charge be a Felony in New York?

There are many laws on assault in the state of New York. The reason there are so many different levels, and with them, different degrees of penalty is because there are so many levels of injury and pain.

If you were assaulted by someone and they broke your arm, that is a severe injury, and it weighs heavily on the justice system. However, you would probably agree that a person who was assaulted and as a result of that assault will be paralyzed for the rest of their lives, that should get a much harsher punishment. Every case is different, and that is why we have different levels of the crime. The person on trial needs an experienced assault and battery attorney to ensure he or she is not charged at a higher level than they deserve.

Two Felony Assault Charges

There are two felony assault charges. The lower of the two is a Class D, 2nd-degree felony charge. The more serious is a Class B, 1st-degree felony charge.

For either of these assault charges to be waged against someone, the victim would have to have suffered significant physical harm. The person assaulting them had to intentionally or recklessly cause that harm. In each case, a weapon or dangerous item would have been used against the victim.

So, what determines which of these charges apply to us? It depends on the seriousness of the injury. As in our example above, there is a difference between a physical injury and a serious physical injury. If the victim suffers disfigurement, such as scars, cuts, or burn marks, that is a serious physical injury. If they lose the use of a body part, such as losing an eye or a hand due to the injury you caused, it is serious and is charged as a Class B, 1st-degree charge. Another factor is the weapon used and the way it was used. If someone hits you with a bat, then they intended to hurt you. But if someone threw a knife or acid into a crowd of people, they intended to hurt you and were indifferent to the fact that others could be hurt in the process.

Penalties

The penalties for both these felony assault charges are significant. The judge has a range of options. Within that range, they will determine where your crime fits best.

A class-D, 2nd-degree felony conviction usually carries a sentence of 3-years to 7-years in jail. There are times and situations where the judge can reduce the jail time. A class-B 1st-degree felony conviction carries a penalty of as low as 3-years or as high as 25-years. There are other penalties and fines that are often added to the sentence.

It is hard to say where your case will fit in the system. A qualified and experienced assault and battery lawyer can often get charges reduced, especially if this is your first offense. If this is not your first offense, that also is taken into consideration. This is a serious situation, and it is unwise to think you can handle it on your own.

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How Can A Defense Lawyer Help With My Assault or Battery Charges?

The legal system in New York concerning assault and battery is massive. There are 10 different ways a person can be charged in an assault case. Often, other charges are tacked on like reckless endangerment, and civil suits can be waged as well. Why is it so complicated, and what can a Long Island assault and battery law firm do for you?

The law gives prosecutors a wide spectrum to pursue the cases against people accused of this crime. Assault and/or battery comes in many forms. If someone was hurt because you pushed them in anger and they fell, then it is assault. When you put your hands on them and cause physical injury, even if they suffer a minor amount of pain and they recover, you can be charged with a crime. If the person you pushed was a senior citizen and they broke their hip or their leg, that is a serious injury. They will suffer more and for longer than a younger person, yet the crime was the same.

The prosecutor is going to have the right to charge the offender in a different degree so that they will be appropriately punished.

If a person used a stick to strike you and you were bruised or cut, then this is an assault with a weapon. But it will not carry the same penalty than an assault that occurred to purposely hurt you, like if someone drove their car into a crowd of people.

How Can Having an Attorney Help You?

Your criminal defense attorney is there to make sure all the facts are presented. They are going to go over every piece of evidence and thoroughly examine the entire case.

Their job is to determine where your case falls in the legal system and to ensure that your side of things is clear. Their job is to get your sentence reduced or dismissed.

How Did The Issue Arise?

Much of an assault case pivots on one factor. Was the victim hurt, and if they were, how seriously were they hurt? Your attorney will go over every witness statement, every doctor bill, and they will observe the person who is accusing you.

Here are some of the things your attorney will ask in your case:

  • Was the person really hurt?
  • Did they go to the emergency room?
  • Was there a physical injury?
  • What proof do they have of this?
  • Who started the confrontation?
  • Did the victim strike or threaten to strike the accused?
  • Is there a history between the victim and the accused?

An experienced attorney knows that many times people exaggerate their injuries because they see dollar signs. They may be planning on bringing civil charges against you. Sometimes they want revenge for something that happened in the past. It is rare when random strangers start hurting each other for no apparent reason. There is usually something behind the act that escalated it to this level.

The prosecutor is not going to look at those facts. Unless you have an assault and battery attorney working on your behalf, these things may never come to light.

Many things are considered when an assault charge is brought. Make sure you have someone who will explain your side. The difference can come down to a misdemeanor charge or a Class-B felony charge. Make no mistake, your life is going to be affected. Hire someone to reduce that impact.

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How Restraining Orders Work In New York

A restraining order, which is also known as an order of protection, is issued by the courts to an individual. They are meant to instruct a person who has made threats or harmed someone to stay away from them. Most commonly, our domestic violence attorneys hear about restraining orders being issued in a violent divorce or custody issue.

The person named in the restraining order will be ordered to have no contact with the other person or people named. It can be a spouse, your children, a neighbor, or even a co-worker. They are used in various situations to keep people safe.

In the case of a partner or spouse, the restraining order would go through the Family Court system. If a person is afraid because criminal charges are pending and the accused is out of jail on bond, the order would be requested through the Criminal Court System. Finally, the Supreme Court may issue a restraining order during a long, ongoing divorce proceeding.

How Do You Get a Restraining Order?

You petition the court by going to the court office and telling them you want to request a restraining order. They will give you the forms to fill out. The information in those forms is what the judge will use when she or he rules on the request. Any threats, violence, or frightening behavior should be reported. When you are sure nothing has been left off, sign the form and wait. You may be asked a few questions by the judge, and the judge will decide if they will issue a temporary restraining order. They will give you copies of the orders and you will have them served. The papers have to be served in order for the order to become active.

Serving the Papers

You can choose anyone to serve the papers. You can pay a process server to serve them, or ask a friend or family member to serve them. They must be put in his or her hand. They cannot be mailed to them. They cannot be slipped under the door or left in the mailbox. They must go from the server’s hand to the hand of the person who is named in the papers.  The papers you are having served will contain a copy of your complaint, the temporary order of protection, and a summons date. This is the date when they will have to appear before the judge to answer for the accusations. If you are afraid that they will become violent, you can go to your police department and ask that an officer serve as your server. You have to be aware that the accused may avoid being served. Until they have been served, the fewer people who know about the papers the better.

What if They Still Come After Me?

Once a restraining order is in place, violations are serious. The person will be arrested for violating the court order. If you see them violating the order, this could be by walking in front of your house or showing up at your job, or the children’s school, try to get a picture with your phone. Make sure you get any witnesses that can back you up and report this to the police.

How Heavy is a Piece of Paper?

The weight of the orders will be felt if someone breaks the orders. However, do not be foolish. Do not assume they are going to abide by the orders. If you feel threatened or in danger, then dial 911.

If you are in a situation where you need a restraining order against anyone, you should contact a criminal defense attorney. New York has very strict laws about stalking and harassing someone. You need someone who knows the law to help you stay safe until the courts can act. Contact a domestic violence attorney today.

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Does Therapy Help With Violent Tendencies?

People often find themselves in a relationship with someone who shows violent tendencies. It may start with them verbally assaulting you or people you love, even your children. But over time, they may become aggressive and violent.

They begin to make excuses for their partner, and they may walk on eggshells hoping that they do not do anything to set them off. According to our domestic violence attorneys, you need to remove yourself from that situation immediately. If you are seeing someone expressing anger inappropriately or excessively, and you fear they will become violent, then do not stay there.

They Are Such a Good Person Until They Get Mad…

Anger is a natural emotion. Like any other emotion, it is useful. When the power of anger is harnessed, it becomes a tool. Righteous indignation is a powerful weapon that has proven itself to be vital when standing up for people who cannot defend themselves. Even anger in a smaller frame can be used as a learning device. For instance, you went shopping and put charges on the credit card that you just paid off. You are angry at yourself, but instead of allowing these negative feelings to control you, you identify the reasonsfor your behavior. You don’t become that anger. You use that anger.

Can Therapy Help?

The answer to this is a definite, maybe. If the person truly wants help, therapy is invaluable. In therapy, people are challenged to look beyond their immediate emotions and think about the consequences of their behaviors.

Anger is often related to different forms of depression. Usually, a person who is always angry does not know how to express their emotions. At some point in their past, they were probably physically or emotionally hurt. Other issues that often come up is the way they were treated as children. Childhood trauma can be a direct cause for anger issues in adulthood. The only way someone can deal with these deep-rooted issues is to confront them, and slowly learn how to cope with the past. Therapy is a helpful tool if they want to learn how to effectively communicate with others, and prevent their emotions from controlling their life.

The person who is willing to look inside and put effort into learning a better way will succeed. However, if they are only doing it because someone is “forcing” them, then they do not want to change, and most likely, the behavior will continue.

This is why court-ordered therapy often fails. Anger management is a wonderful training tool, but if they do not want it, they will not benefit from it. People who exhibit violent tendencies are usually master manipulators. These individuals can make you believe you are the source of their anger. If you accept that, then you are permitting them to be violent. You are allowing the abusive cycle to continue by taking responsibility for their actions.

If you are living in a situation like this, you may consider legal action to keep the person away from you while they get help, or until you can get to safety. Do not fool yourself. You are not causing the violence, and you cannot stop the violence. Only the damaged person can repair the damage. Healing and recovery are possible. It is not easy, but it is possible.

For more information, speak to a domestic violence lawyer today.

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Assault and Battery In New York

When we hear the term assault and battery, we think of a violent crime where someone has been injured. Assault and battery are not the same crime. They are two separate crimes, each with their own penalties and punishments. The two crimes often occur at the same time and therefore we hear them grouped together. If you are ever accused of assault or battery, our assault and battery attorneys believe it is important that you know the difference.

Assault

Assault is the intentional threat of physical harm, using words or actions, with the ability to carry those actions out. If the words or actions created a fear in the victim that violence was imminent, (example, raised fists or getting very close in a threatening way) they have been assaulted. No physical contact mustbe made for a person to be charged with and convicted of assault. If someone is waving a club around or a branch and they accidentally strike and injure the other person that is assault. But because the person was touched, it can also be a battery charge.

There are different levels of assault; it depends on the seriousness of the crime. You can be charged with assault for touching someone that did not want you to have contact with them. This includes sexual assault, but it doesn’t have to be. If the victim felt scared because your hand was anywhere on their body, you can be charged with assault.

Assault can be 1st, 2nd, or 3rd degree depending on the seriousness of the crime. It can also be a misdemeanor or a felony.

Even charges for minor offenses will follow you for the rest of your life. You will at the very least get probation, a permanent mark on your record. But on the other end of the spectrum, it can cost you thousands of dollars and jail time.

Battery

Battery is a more serious crime, and it carries harsher penalties. A battery occurs when contact is made with the victim. If someone threatens to strike you with a club, that is assault. If they strike you with the club, that is battery. As with assault, there are different degrees of the crime, and the punishment varies. Also, in New York, if you touch someone in a sexual way or harm them physically, they can bring an additional legal action against you. The courts could order you to pay them for the trauma, and if they had to seek medical help because of your action, you could be held liable for that as well.

It is very important that a person charged with assault or battery hires one of the most experienced assault and battery lawyers. As you can tell, the small details of the incident can make a huge difference.

There are several defenses that should be considered. They include:

  • Self-defense
  • Lack of intent
  • Consent
    • This could apply if the battery took place during a contact sport

It takes a qualified and experienced criminal defense attorney to handle assault and battery charges in New York. A conviction could change your life. The consequences are serious; even a minor penalty is one you do not want to pay for in the future.

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