Facing Domestic Violence Charges in New York?

Seeking Immediate Counsel from a State Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Domestic Violence Charges in New York

The term domestic violence in New York covers an expansive category of crime. Indeed, domestic violence charges can be couched within assaults, harassment, criminal harassment, stalking, unlawful dissemination, criminal contempt / order of protection violations, and sex crimes. Here are just some of the charges which can include domestic violence in New York:

• ‍NY Penal Law § 120.10 – First Degree Assault‍
• NY Penal Law § 120.05 – Second Degree Assault‍
• NY Penal Law § 120.00 – Third Degree Assault‍
• NY Penal Law § 240.30 – Aggravated Harassment in the Second Degree‍
• NY Penal Law §§ 215.50, 215.51 – Criminal Contempt‍
• NY Penal Law § 215.52 – Aggravated Criminal Contempt‍
• NY Penal Law § 120.55 – Stalking in the Second Degree‍
• NY Penal Law § 120.50 – Stalking in the Third Degree‍
• NY Penal Law § 120.45 – Stalking in the Fourth Degree‍
• NY Penal Law § 120.14 – Menacing in the Second Degree‍
• NY Penal Law § 120.15 – Menacing in the Third Degree‍
• NY Penal Law § 121.11 – Obstruction of Breathing or Blood Circulation‍
• NY Penal Law § 121.12 – Strangulation in the Second Degree‍
• NY Penal Law § 260.10 – Endangering the Welfare of a Child

Domestic violence encompasses a wide umbrella and includes accusations that can tear you and your family apart for years. This broad area of the law generally concerns matters where one partner in an intimate or familial relationship abuses another partner. The relationship itself, however, does not need to be by blood or even romantic. Rather, domestic violence charges also encompass abuse between in-laws, children, roommates, or ex-partners.

Domestic violence encompasses various forms of abuse, including physical, emotional, sexual, and financial abuse, inflicted by one intimate partner upon another. It occurs across all genders, ages, and socioeconomic backgrounds, affecting individuals in heterosexual, same-sex, and transgender relationships. Victims of domestic violence often find themselves trapped in a cycle of fear, manipulation, and isolation, making it difficult to seek help and break free from the abusive relationship.

Often, a domestic violence investigation will begin where one individual in the relationship calls law enforcement and alleges abuse by another. Following this initial report, domestic violence officers will collect evidence by way of witness statements, medical records, communications, documentation concerning past abuse, photographs, and video surveillance.

In New York, once one individual in a domestic partnership makes a report, officers will issue an arrest warrant for the other person. This takes place even where much of the investigation and facts are still unfolding. If you are contacted by a domestic violence detective to “speak” about these accusations, rest assured that an arrest warrant exists and that your statements will be used against you when prosecuted. Instead, contact and hire a high-level defense attorney immediately to represent you at this early juncture.

If you are accused of committing a domestic violence crime, the family court or criminal court that handles your case will issue an order of protection, also known as a restraining order. This will require a person to limit certain activities. You may be legally barred from contacting or being physically close to another person or space. This order will remain in effect during the pendency of the case and may be extended up to five years as the matter comes to a resolution.

Sentencing & Penalties in New York

Domestic violence charges may be based on an alleged assault, sexual assault, harassment, stalking, kidnapping, obstruction of breathing, or other verbal and physical abuse. Even a threat or menacing can lead to serious charges carrying prison time.

Sentencing can range greatly depending on the type of crime for which a person is convicted. Oftentimes, a cooperating domestic violence victim will make a statement at sentencing – known as a victim impact statement – which could factor into a Court’s decision to enhance a sentence beyond the norm. If convicted of a misdemeanor offense, whether that be third degree assault or a misdemeanor sexual abuse, one can face a sentence of an intervention program, probation, or up to a year in jail. For felony matters, the sentences may be much more dramatic, including state prison time and a sex-offender registry (SORA) if the crime involved a rape or sexual assault.

How We Fight Domestic Violence Charges in New York

Domestic violence accusations, perhaps above all other areas of criminal law, requires a careful yet aggressive counter-investigation. The moment you realize you are being investigated for domestic violence, hire an experienced defense attorney to protect you and to begin fighting back. Crucially, at the earliest stages, your attorney will be able to interview key witnesses, find exculpatory communications between you and your accuser, and gather other critical evidence to strategically release to a prosecutor or even a jury deciding your fate.

Your Defense Begins Now

Domestic violence is a deeply concerning issue that demands a comprehensive and compassionate response. Seeking the guidance of a domestic violence attorney is a crucial step. If you are being prosecuted for domestic violence charges, hire a former prosecutor and seasoned defense attorney who has dealt with these accusations on both sides of the courtroom. Being charged within the domestic violence umbrella is extremely serious, and if mishandled, you and your family may be impacted for years.

What your defense attorney does in the face of these accusations, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably. Contact The Law Offices of Jason Goldman today.