Client-Focused Domestic Violence Defense in White Plains
Most people don’t realize how quickly it happens. In the blink of an eye, your life was upended.
The argument, the 911 call, the cops showing up and rushing to judgment, the handcuffs tight on your wrists, and then being hauled into White Plains City Court and the DA prosecuting you for “domestic violence.”
The label “domestic violence” and “criminal defendant” can make it feel like everyone is against you—even if you are factually innocent and falsely accused.
At the Law Office of Michael J. McConnell, we understand what you are going through because we defend people in your shoes all the time from serious domestic violence allegations.
Specifically, we understand that what you want most is a lawyer who is:
- fully on your side
- willing to go all in on your defense
- and is committed to treating you with compassion, dignity, and respect
Our commitment to putting our clients first is our absolute priority. And it all starts from the moment you first contact us for a free and confidential consultation.
During your free consultation, you will speak directly with local criminal defense lawyer Michael J. McConnell, who is also a former prosecutor with experience dealing with domestic violence cases on both sides of the justice system—including both felonies and misdemeanors.
During your free consultation, Michael J. McConnell will:
- listen carefully to your unique situation with compassion and understanding
- walk you through how he can help
- and provide you with a clear and transparent fee proposal if you want him to take your case
Simply book a timeslot for your initial call here or give us a call 24/7 at (914) 810-0510 if you need immediate legal assistance related to a domestic violence arrest in White Plains or would prefer to schedule an in-person consultation at our office.
Domestic Violence Arrest FAQs in White Plains
Here are some of the most common questions people have about the general process after someone gets arrested for domestic violence in White Plains, NY.
The answers to each question are only intended to be a simple informational guide, but it should not be construed as direct legal advice.
If what you need is direct legal advice for a particular situation, you should always contact a criminal defense lawyer to speak with them privately and confidentially.
What is a domestic violence offense?
It is very important to understand that “domestic violence” is not a single crime in New York State. Rather, it is a term that covers many different crimes when they happen between family members and intimate partners (current or former).
Common domestic violence offenses that criminal defense lawyers like Michael J. McConnell tend to handle include things like:
- Strangulation
- Stalking
- Menacing
- Criminal Obstruction of Breathing
- Criminal Contempt
- Attempted Murder
- Assault (1st, 2nd, or 3rd Degree)
These offenses range from misdemeanors to serious violent felonies. The key is that they are all regular misdemeanor or felony criminal offenses that get classified as domestic violence when they are committed against family members, spouses, or intimate partners.
What happens after a domestic violence arrest in White Plains, NY?
After an arrest for domestic violence, the cops will fingerprint you, take your mugshot, and put together police reports. You will then see a judge for your first court appearance within 24 hours.
What is an arraignment in a domestic violence case?
An arraignment is the first court appearance in any criminal case, including those involving domestic violence. You are informed of the charges against you, and the judge will decide whether to set bail or release you.
Also, a temporary order of protection is almost always issued at an arraignment in domestic violence cases in White Plains. It will typically prohibit you from seeing or contacting the alleged victim.
Do I still need to obey the temporary order of protection if the alleged victim doesn’t want it?
Yes, you must absolutely follow the order of protection even if the alleged victim tells you they don’t want it. These orders are the judge’s order, not the victim’s order.
So unless that order expires or is formally rescinded by a judge, you must always follow it. If you don’t, you can get arrested for criminal contempt.
Can the alleged victim drop the charges?
It doesn’t actually work like that. Prosecutors have the power and discretion to continue even when the alleged victim asks for dismissal.
Can domestic violence charges affect my job or professional license?
Yes. An arrest or conviction can impact employment, security clearances, immigration status, firearm rights, and professional licenses, especially for healthcare workers, teachers, law enforcement, and financial professionals.
Will I go to jail for domestic violence in White Plains, NY?
This always depends on the unique facts of your case, but the most important factor is definitely how your case ultimately ends.
If you are convicted of a misdemeanor or a felony, incarceration can be a potential sentence. However, it is not always required, which means judges can often have discretion to sentence you to something like probation instead.
Obviously the more serious of a crime you are convicted of the greater the likelihood that you can go to prison.
For example, certain convictions (e.g., many violent felonies) require a judge to sentence someone to prison—even if this is the first and only time they have been arrested.
If your main concern is about whether you’re going to end up in jail for a domestic violence allegation, it is important that you contact a local criminal defense attorney who can provide valuable legal advice based on your unique situation.
Can a domestic violence case be dismissed?
Yes. Cases can sometimes be dismissed because of weak evidence, credibility problems, or violations of your right to a speedy trial under New York law (CPL § 30.30).
What evidence matters most in a case of domestic violence?
Domestic violence cases often hinge on witness credibility, especially because most incidents happen inside the home without other witnesses or video cameras around.
Other evidence that can play a large role includes things like:
- 911 call recordings
- body camera footage from the cops
- photographs of injuries
- hospital and ambulance records
- text messages
The impact of any individual type of evidence must always be evaluated on a case-by-case basis as part of a comprehensive and through defense.
What are the most effective ways defense lawyers challenge the DA’s evidence in a domestic violence case?
The best criminal defense lawyers focus on building a defense that is tailored to the particular facts of the given case, but in general some of the best strategies in DV cases include those that:
- undermine the credibility of the complainant by pointing out bias, motive to lie, exaggeration, and inconsistencies
- demonstrate the police rushed to judgment and made an arrest without doing a fair and proper investigation
- show a lack of intent by the defendant to commit the alleged crime
- support a recognized defense like self-defense or having an alibi
There are countless other great strategies that could apply to any given domestic violence case, which is why it is critical to make sure you have a criminal defense lawyer who you can trust to dive deep into facts of the case and explore every legal angle.
Can texts and social media posts from the victim that are inconsistent with their allegations be important to my defense in a domestic violence trial?
Yes, especially if they reveal a motive to fabricate or conversations that contradict the allegations of abuse.
What if both people were fighting?
Cops will sometimes arrest both people after a domestic fight, but not always. Regardless of what the cops do, if you acted in self-defense or the cops arrested the wrong person after a rush to judgment, a good defense lawyer will make that a key focus at trial and perhaps earlier during negotiations with the prosecutor.
Will my accuser have to testify in court?
In most (but certainly not all) White Plains domestic violence cases, the person accusing you of a crime will usually need to testify in court in order for the DA to prove you guilty beyond a reasonable doubt at trial.
However, there are certain cases that can be exceptions to that general rule of thumb, so be sure to make sure you are on the same page with your lawyer about whether the DA has a possible path to a conviction without the accuser testifying against you.
What happens at a domestic violence trial?
At trial, the prosecutor is required to have enough evidence to convince a jury beyond a reasonable doubt that you committed the crime. Here’s a simplified outline of how domestic violence trials tend to play out in New York:
After both sides give their opening statements to the jury, the DA will call witnesses (e.g., the complainant, cops, etc.) and present other evidence such as video, photos, and medical records.
Your defense attorney will typically question the DA’s witnesses through cross-examination and challenge the DA’s evidence.
Then, after the DA is done calling their witnesses, your defense attorney can call witnesses on your behalf or have you testify in your own defense should you desire to do so after being fully informed of the possible risks and benefits.
Once both sides have “rested” their case, they will each give a closing argument trying to convince the jury to find in their favor.
The jury will then deliberate and decide whether you are “guilty” or “not guilty.” There is no option for them to select “innocent.”
In other words, a jury trial in a criminal case (including those involving domestic violence) is essentially a test of whether the DA’s evidence was enough to convince the jurors of the defendant’s guilt beyond a reasonable doubt or not.
Will I have to testify in court at my domestic violence trial?
You are not required to, but you can if you want to. Here’s how this works in New York:
A defendant has the constitutional right to remain silent and cannot be forced to testify at trial. The judge will clearly instruct the jury that you have this right and that they cannot hold your silence against you.
If you want to testify at trial, you have the right to do so. However, this is a major strategic decision that should only be made carefully after being fully informed of the pros and cons from your lawyer.
How can an experienced domestic violence lawyer help you with a domestic violence case in White Plains?
A lawyer with experience handling domestic violence cases is a valuable asset, especially if you are absolutely intent on fighting the case to the end if necessary.
These cases are different from other types of criminal cases for obvious reasons, including the fact that they are often treated with a higher level of seriousness from the DA’s Office—especially when significant violence is alleged.
Additionally, the evidentiary rules that frequently come into play most often in domestic violence cases are very nuanced, which is why having a lawyer who not only understands them but is also familiar with how the other side will try to use them is a tremendous benefit to a client.
Ready to speak with a local domestic violence defense lawyer and former prosecutor?
If you need to hire a White Plains criminal defense lawyer to fight your domestic violence case, the Law Office of Michael J. McConnell offers free and confidential consultations by phone with no strings attached.
So whether you’ve just been arrested or are scheduled for trial on a domestic violence case, we are ready to provide you with a defense built on precision, focus, and a firm commitment to putting our clients first.
We just need you to take the first step by giving us a call 24/7 at (914) 810-0510 or simply signing up for your initial call below.
Page last updated on 5/28/26.