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Police have a very easy way of deciding who is going to be arrested for an assault. The person who is injured the most is called the "victim" and the other person is called the defendant. This is a fundementally unfair but is a basic reality in Domestic Violence prosecutions in New York City. The police and prosecutors simply do not want to take the time to investigate what actually occured and turn a blind eye to the initial aggressor. Under New York state law, a person has the right to use self defense in an effort to repel an initial aggressor. Many times, the initial aggressor is the smaller party in the fight and when the other person defends him/herself, they will be charged with a crime.
If you have been arrested for Domestic Violence in New York City and were defending yourself or your loved ones, contact The Law Offices of Michael S. Discioarro, LLC and let our experience work for you and protect your legal rights.