Is There a High Conviction Rate for Domestic Violence Cases in Westchester County?

Interviewer: As a domestic violence attorney, how often do you see defendants prevailing during a domestic violence trial?

Michael Kramer: It depends upon the evidence available. A trial will usually not result if there are admissions that a fight occurred, if there are pictures of an injury or hospital records of an injury, and the husband is alleged to be the perpetrator, and the husband admitted to the facts of the fight. Because of the strength of evidence, there’s really not much to litigate. Chances are you’re going to be found guilty of something, even with a competent domestic violence attorney.

The way these cases are normally resolved is the parties get together and decide that it’s not in the interest of the relationship to continue the prosecution, or a wife decides that she will not testify. She really doesn’t want to testify and air all the dirty laundry of the marriage in public. She then requests that the prosecutor offer some sort of a disposition to her husband that will not involve a criminal record and will not involve any jail time.

Most Cases Are Resolved Prior to Trial

Those are the ways a domestic violence cases are normally resolved. A trial is only advisable when there is a good defense for the domestic violence attorney to present. Such as: the injury happened in self-defense, she’s making it up, it was not me, she caused this injury to herself and she’s saying I did it to her, things like that.

It Is a Felony to Perjure Oneself with a False Accusation

Interviewer: Do you ever see cases where a victim later admits to exaggerating a claim and decided to drop the charges?

Michael Kramer provides insights on the conviction rates for domestic violence cases in Westchester County.

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Michael Kramer: If the victim does that they’re going to be prosecuted. It’s a felony to self-perjure and cause a charge to be brought against someone else.

Can Women Be Charged with Domestic Violence?

Interviewer: Do you ever see cases, as a domestic violence attorney in Westchester County, where it’s the woman that is the aggressor in a domestic violence incident? Do you ever see some cases where the man was hesitant to actually even take this to court or to report it to begin with?

Michael Kramer: It’s human nature. Men like to handle things themselves and they don’t want to be the one complaining. I have had cases where men are the victims and a fight occurs and the police are called or a neighbor calls the police. The police, again, are forced to make an arrest. If they’re convinced that the wife was the aggressor then the wife is the one who is going to get arrested.

Disputes between Parties in a Civil Union, Same-Sex Marriage or Other Relationship Are Classified as Domestic Violence

Interviewer: Are allegations with a civil union or a same-sex marriage treated the same?

Michael Kramer: It’s the same thing, an assault is an assault. A violation of the criminal law, is a violation of the criminal law, and would probably still get referred to the domestic violence branch of the district attorney and domestic violence court. This applies is as long as there’s any relationship between the parties.

Interviewer: Do the courts ever provide a public defender for these cases?

Michael Kramer: They do if a person indicates that they’re indigent.