Spousal Abuse Have an Award-Winning Team on Your Side

Spousal Abuse Defense Lawyer in Westchester County

Former Prosecutors. Integrated Family Law. Westchester Courts.

A spousal abuse accusation in New York moves fast. Under the state’s mandatory arrest policy, police who find probable cause must make an arrest on the spot, and criminal charges follow within hours. At Proto, Sachs & Brown, LLP, we represent people facing spousal abuse and domestic violence criminal charges throughout Westchester County, from arraignment through trial. Our team includes former prosecutors who know firsthand how the Westchester County District Attorney’s Office builds these cases, and our practice covers both criminal defense and family law, so we can address the full picture of what a client faces.

Our offices are in White Plains and Cortlandt Manor. We appear regularly in Westchester County Court in White Plains, White Plains City Court, Yonkers City Court, and other courts throughout the county. Every new case begins with a free, confidential consultation.

If you’re facing spousal abuse charges in Westchester County, contact Proto, Sachs & Brown, LLP now at (914) 840-5104 to speak with a criminal defense attorney in a free, confidential consultation.

What Charges a Spousal Abuse Accusation Produces in New York

New York has no standalone crime called spousal abuse or domestic violence. These accusations are prosecuted as family offenses under the New York Penal Law, and the specific charges depend on what is alleged. They can range from misdemeanors to serious felonies.

Common charges include assault, menacing, stalking, harassment, aggravated harassment, and strangulation or criminal obstruction of breathing or blood circulation. If a prior misdemeanor family offense resulted in a conviction within the last five years, a new misdemeanor can be elevated to a class E felony under the aggravated family offense statute. A criminal contempt charge can be added any time an existing order of protection is allegedly violated.

Once police are called and an arrest is made, the decision to proceed belongs to the prosecutor, not the complainant. Prosecutors can and do move forward using 911 recordings, body-camera footage, medical records, and police testimony, even when the complainant no longer wants to participate.

What a Spousal Abuse Charge Can Cost You Beyond a Verdict

The criminal penalties alone are significant: class B misdemeanors carry up to three months in jail, class A misdemeanors up to 364 days, and felonies range from four years for a class E through 25 years for a class B. But the consequences extend well beyond sentencing.

These are the collateral consequences our attorneys address from day one:

Order of protection: A temporary order is routinely issued at arraignment. It can require you to leave a shared home and have no contact with your spouse or children while the case is pending.
Firearm rights: A misdemeanor domestic violence conviction or felony conviction, and even a final order of protection, triggers a firearm prohibition under both New York and federal law.
Immigration status: Non-citizens face potential deportation or barriers to citizenship following a domestic violence conviction.
Custody and divorce proceedings: A pending criminal case can directly influence child custody determinations and divorce proceedings running simultaneously in family court.
Employment and licensing: A conviction can affect current employment and close doors to certain professional licenses.

Why Westchester County Clients Choose Proto, Sachs & Brown, LLP

Our firm brings something to spousal abuse defense that most firms can’t: a team with direct prosecutorial experience and a fully integrated family law practice. With over 100 years of combined experience in criminal defense and family law, we understand not just how to fight the criminal charges but how those charges interact with any divorce or custody matter running concurrently in family court.

Former Prosecutors on the Defense Side

Because our attorneys have worked as prosecutors, they know how the Westchester County District Attorney’s Office assembles a domestic violence case, what evidence it leans on, and where that case is most likely to have weaknesses. That insight shapes every strategy we build.

Recognized by Peers & Clients

Our attorneys have been selected for Super Lawyers, an honor reserved for the top 5% of attorneys in New York. The firm has also received the Avvo Clients’ Choice Award in both criminal defense and family law, and our attorneys are nationally recognized co-authors of bestselling books on criminal defense and DWI defense.

Get a Free Consultation From Proto, Sachs & Brown, LLP

Time matters when spousal abuse charges are filed. An order of protection may already require you to leave your home, and the prosecution is building its case now. The sooner we can assess your situation, the more options we can put in front of you.

Call Proto, Sachs & Brown, LLP at (914) 840-5104 to schedule your free consultation today.

The Westchester County Criminal Court Process After a Spousal Abuse Arrest

After a mandatory arrest, the accused is arraigned in the local City, Town, or Village Court where the incident occurred, or in Westchester County Court in White Plains for more serious felony matters. At arraignment, the judge addresses the charges, sets bail or release conditions, and often issues a temporary order of protection. That order can require you to vacate a shared home and maintain no contact with your spouse, even before any facts are tested in court.

Many Westchester County domestic violence cases are handled in a dedicated domestic violence part of the court, separate from the general criminal calendar. During the pretrial phase, our attorneys obtain discovery, review all available evidence, file motions to challenge how that evidence was gathered, and appear at conferences with the District Attorney’s Office. Cases may resolve through a negotiated plea or proceed to hearings and trial.

One critical point: violating a temporary order of protection while your case is pending is a separate criminal offense. A criminal contempt charge can be added at any point, compounding the original charges significantly.

Defense Strategies in a Westchester County Spousal Abuse Case

Every case turns on its specific facts, and no defense is universal. Our attorneys investigate the prosecution’s evidence carefully, looking for inconsistencies, procedural errors, and constitutional problems before evaluating which defenses apply.

Potential defense approaches include:

Self-defense: New York law recognizes defense of self or others as a defense to assault and related charges when the accused wasn’t the initial aggressor and used reasonable force under the circumstances.
False or exaggerated accusation: Spousal abuse allegations sometimes emerge in the middle of contentious divorce or child custody disputes. Investigating the accuser’s motivations and the timeline of the accusation is a central part of the defense in these situations.
Challenging physical evidence: Prosecutors may attempt to proceed without the complainant’s testimony by relying on 911 recordings, body-camera footage, medical records, and photographs. We examine the admissibility and weight of each piece of evidence and challenge what doesn’t hold up.
Fourth Amendment challenges: Police sometimes enter a home without a warrant in domestic violence situations. If the circumstances didn’t justify an exception to the warrant requirement, evidence gathered during that entry may be subject to suppression.
Lack of intent or mistaken identity: Where the facts support it, we argue that the prosecution can’t prove the required mental state or that the wrong person was identified.

Because our attorneys include former prosecutors, they understand the tactics the other side will attempt. That experience allows us to anticipate the prosecution’s moves and build a defense that addresses them directly.

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