Facing Domestic Violence Assault Charges in New York?
Are you being prosecuted for domestic violence assault charges in New York? Learn more about why your defense must begin now.
Domestic Violence Assault Charges
The same elements of criminal assault (ie assault in the third degree, second degree, and first degree) apply to domestic relationships. That said, assaults within the domestic violence realm will typically entail other factors, additional charges, and respective penalties & sentencings.
Assault cases within the domestic violence realm can and will be treated similar to other assault cases in that charges can be brought as a misdemeanor or as a felony depending on aggravating factors such as weapon use or serious physical injury. When the relationship is domestic (ie, family, spouses, or an ex-intimate relationship), there may be crossover with family court litigation.
Criminal Obstruction of Breathing
In New York, Criminal Obstruction of Breathing or Blood Circulation is addressed under Penal Law § 121.11. This offense occurs when someone intentionally impedes another person's breathing or blood circulation. The act involves applying pressure to the throat or neck, blocking the nose or mouth, or engaging in conduct that affects a person's ability to breathe or circulate blood.
This crime is classified as a Class A misdemeanor which can carry up to one year in jail. Importantly, it must be shown that the offender intentionally obstructed or tried to obstruct the victim’s breathing or blood circulation, which differentiates it from accidental harm.
Sexual Battery and Sexual Assault
Sexual battery is a broad term which essentially refers to sexual intercourse that is forced on another person without their consent and is against their will. It can also be referred to as rape, sexual assault, or criminal penetration. New York City rape charges generally fall into three categories:
Of course, victims of sexual battery and assault may elect for civil recourse (a monetary settlement) as opposed to going right to law enforcement. There are a number of reasons for this decision, such as issues with the statute of limitations as well as the general emotional difficulties in bringing an offender to criminal court and in turn facing cross-examination from a trial lawyer.
How We Fight Domestic Violence Assault Charges in New York
Domestic violence based assault charges are fought with aggressive and creative tactics. However, due to the nature and context of the relationship, it is important in these matters to carefully investigate the totality of the relationship timeline, often using forensic methods to categorize all past communications in an effort to find exonerating information and material to impeach the credibility of the accuser.
Sometimes, we go back several years in an effort to discover information which may call into question the reliability of the current charges. Finally, some matters call for the use of a private investigator to bring to the surface ulterior motives of an accuser.
Possible Sentencing & Penalties in New York
As mentioned above, assaults within the domestic violence realm will typically entail other factors, additional charges, and respective penalties & sentencings.
Such possible charges are below and if convicted can yield harsh sentencings & penalties:
Criminal Obstruction of Breathing Charges:
- Class A misdemeanor which can carry up to one year in jail
Rape Charges:
- More on First Degree Rape Charges in New York
- More on Second Degree Rape Charges in New York
- More on Third Degree Rape Charges in New York
Examples and Related Cases
Domestic violence assault cases have become even more prevalent in the #metoo and post- #metoo movement. Undoubtedly, many individuals have found themselves in the crosshairs of a domestic violence accusation, whether in a civil or a criminal setting. In recent years, high-profile matters such as that of Harvey Weinstein and Sean Combs have prompted victims of domestic violence to come forward and file charges, even if the accusations stem from decades ago. Each case within this umbrella requires a tailored approach depending on the type of accusation and the specifics of the relationship at play.
Your Defense Begins Today
Whether a victim of domestic violence or facing allegations, the assistance of an experienced sex crimes lawyer is a necessity. A lawyer at this stage can and should conduct counter-investigations, use the media landscape favorably if the matter involves public figures, and make sure to document the relationship between the accused and the abused in order to achieve the most appropriate and beneficial resolution.
If you are someone you know is facing domestic violence assault allegations, please contact The Law Offices of Jason Goldman today.
