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Family Offense Proceedings

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In the emotionally charged realm of family-related criminal matters in New York City, it’s crucial to have a legal team that understands both the legal and personal complexities involved. At Varghese & Associates, P.C., we are committed to offering robust legal defense in various family crime cases, ensuring a balanced approach that respects the sensitive nature of these issues. Call us today to speak to a family criminal defense lawyer. 

NYC Family Criminal Defense Lawyer – Varghese & Associates, P.C.

Providing Strong Defense in Family-Related Criminal Matters


What is a Family Offense?

A family offense refers to criminal offenses that occur within the family unit or domestic relationships. These crimes are often characterized by their occurrence between individuals who are related by blood, or marriage, or are otherwise closely connected, such as through intimate or cohabitation relationships. The nature of these crimes can vary widely, but they typically involve aspects of violence, abuse, or exploitation within the family setting. Key types of familial crime include:

Domestic Violence

This involves physical, emotional, or sexual abuse between family members or intimate partners. It can include spousal abuse, child abuse, and abuse towards elderly family members.

Child Abuse and Neglect

This includes physical, emotional, or sexual abuse of children, as well as situations where a child’s basic needs are not met by their caretakers, leading to neglect.

Elder Abuse

This type of crime involves physical, emotional, or financial abuse or neglect of older family members, often perpetrated by those who are responsible for their care.

Spousal Abuse

This specific form of domestic violence involves abuse between married or formerly married partners, including physical violence, emotional manipulation, and sexual assault.

Incest

This is the sexual contact or activity between family members who are too closely related to legally marry.

Financial or Economic Abuse

This occurs when one family member exerts control over another’s financial resources, limiting their ability to use or access money or assets.

Stalking and Harassment

Familial stalking or harassment involves repeated, unwanted attention or contact by a family member that causes fear or concern for one’s safety.

Violation of Protective Orders

This crime is committed when an individual violates the terms of a restraining order or protective order that was put in place to prevent harm or harassment within a familial context.

Parental Kidnapping

This happens when one parent takes or keeps a child without the consent of the other parent or against the terms of a custody agreement.

Consequences of If Convicted of Family Offenses

NYC Family Criminal Defense Lawyer

Jail or Prison Time

One of the most immediate and severe consequences for someone convicted of a family offense is incarceration. The length of time spent in jail or prison depends on the severity of the crime, prior criminal history, and specific state or federal sentencing guidelines. For example, a conviction for domestic violence could result in anything from a few days in jail to several years in prison, especially if aggravated factors are present.

Criminal Record

A conviction will result in a criminal record, which can have long-lasting effects on various aspects of the accused’s life, including employment, housing, and social relationships.

Fines and Restitution

In addition to potential jail time, the accused may be required to pay fines or restitution. Restitution is particularly relevant in cases where the victim has suffered financial losses or physical harm that requires medical treatment.

Protective Orders

The court may issue protective orders against the accused, limiting or prohibiting contact with the victim and sometimes other family members. Violation of these orders can lead to additional legal penalties.

Loss of Parental Rights

In cases involving child abuse or neglect, the accused risks losing custody or parental rights. This is a particularly severe consequence, as it directly affects the accused’s relationship with their children.

Damaged Relationships

Accusations of family offense often lead to strained or broken relationships, not only with the victim but also with other family members and friends.

Employment Challenges

Having a criminal record, especially for a family offense, can pose significant barriers to finding and maintaining employment. Certain professions, particularly those involving children or vulnerable populations, may be off-limits.

Social Stigma

The accused may face social stigma and isolation, which can have profound effects on their mental and emotional well-being.

Housing Difficulties

Finding housing can be challenging, as landlords may be hesitant to rent to individuals with a criminal record, especially for violent or serious offenses.

The accused in family offense cases face a range of serious consequences that can affect nearly every aspect of their lives. It’s crucial for individuals facing family criminal charges to seek competent legal representation to navigate these complex issues and mitigate the potential impact on their future.

Our Family Criminal Defense Services

Our  family criminal defense attorneys provide defense in a range of family-related criminal cases, understanding the unique challenges they present:

Domestic Violence and Abuse Allegations

Our family criminal attorneys represent individuals accused of domestic violence, offering a comprehensive defense against these serious charges while recognizing the delicate family dynamics involved.

Violation of Restraining Orders

If you are charged with violating a restraining order, our team will work tirelessly to protect your rights and present a strong defense.

Child Abuse and Neglect

Allegations of child abuse or neglect are profoundly serious.  Our criminal defense attorneys provide a meticulous defense strategy, ensuring your side of the story is heard and your rights are defended.

Stalking and Harassment

In cases of alleged stalking or harassment within a family context, we bring a nuanced understanding of the law to safeguard your legal interests.

Elder Abuse

Defending against accusations of elder abuse requires a keen understanding of both the legal and familial aspects at play. We are equipped to handle these sensitive cases with the utmost care and professionalism.

Why Choose Us for Your Family Criminal Defense?

  • Balanced Legal Approach: We recognize the complexity of family offense cases and offer a balanced approach that respects the emotional intricacies while providing a strong legal defense.
  • Understanding the Family Dynamics: Our team is experienced in navigating the unique dynamics of family relationships that play a crucial role in these cases.
  • Confidentiality and Sensitivity: We handle every case with the highest level of confidentiality and sensitivity, understanding the impact these allegations can have on personal and family life.
  • Strategic Defense Tailored to Your Case: Our defense strategies are tailored to the specifics of your case, ensuring a personalized approach that addresses the unique aspects of your situation.
  • Accessible and Supportive Legal Representation: We provide accessible and empathetic legal support throughout your case, ensuring you feel heard and understood.
  • Aggressive Advocacy in Court: When it comes to defending your rights in court, we are assertive and effective advocates, dedicated to achieving the best possible outcome for you.

Contact Us Today For Strong Defense 

Facing family offense charges can be overwhelming and life-altering. At Varghese & Associates, P.C., we are here to provide the robust defense and support you need during these challenging times. Contact us to discuss your case and learn how we can help you navigate this difficult legal landscape.


Family Criminal Defense Lawyer FAQs

What types of cases does a family criminal defense lawyer handle?

A family criminal defense lawyer handles cases involving criminal charges within a family context. This includes domestic violence, child abuse and neglect, elder abuse, violation of restraining orders, and other similar offenses.

Can a family criminal defense lawyer help if I’m falsely accused of a family offense ?

Absolutely. If you are falsely accused of a family offense , a family criminal defense lawyer can help you gather evidence, formulate a defense strategy, and represent you in court to prove your innocence.

What should I do if I am arrested for a domestic violence charge?

If you are arrested for a domestic violence charge, it’s crucial to exercise your right to remain silent and request an attorney immediately. Avoid discussing the incident with law enforcement or anyone else until you have legal representation.

How can a lawyer help in cases of child abuse allegations?

In cases of child abuse allegations, a lawyer can help by investigating the claims, ensuring that your rights are protected during the investigation, and defending you against the allegations in court. They can also work with experts to challenge the evidence presented by the prosecution.

What are the potential consequences of a conviction in a family offense case?

The consequences of a conviction in a family offense case can include jail or prison time, fines, loss of parental rights, protective orders, and a criminal record. These consequences can have lasting impacts on your personal and professional life.

How does a family criminal defense lawyer approach a case?

A family criminal defense lawyer approaches a case by first understanding all the facts and circumstances involved. They then develop a defense strategy tailored to the specific details of the case, which may involve challenging the evidence, negotiating with prosecutors, or preparing for trial.

Can a lawyer help if I’m accused of violating a restraining order?

Yes, a lawyer can assist if you’re accused of violating a restraining order. They can help you understand the charges, represent you in court, and work to mitigate any potential penalties.

What is the difference between a family lawyer and a family criminal defense lawyer?

A family lawyer typically handles civil family law matters such as divorce, child custody, and adoption. In contrast, a family criminal defense lawyer deals with criminal charges within a family setting, such as domestic violence or child abuse.

How long can a family criminal case take to resolve?

The duration of a family criminal case varies depending on the complexity of the case, the jurisdiction, and whether the case goes to trial. It can range from a few months to several years.

Will my case go to trial?

Whether your case goes to trial depends on various factors, including the strength of the evidence, the prosecution’s willingness to negotiate, and your own decisions. Your family criminal defense lawyer will provide guidanance.