Domestic violence is a serious offense in New York. According to New York Courts, this crime involves using coercive tactics to control another person physically, emotionally, mentally, sexually or economically. A conviction may come with jail time, a steep fine and a mark on your criminal record.
There are several potential defenses against domestic violence charges. The alleged victim may not have been truthful about the incident, or the defendant may have been acting in self-defense. A criminal defense attorney can evaluate your case to identify an appropriate defense against your charges.
If New York police have arrested you for domestic violence, then contact Goldberg & Allen, LLP. A New York City criminal lawyer can help you navigate the legal system and avoid mistakes that could compromise your interests. Call 212-766-3366 to schedule a consultation.
In the meantime, read on to learn more about domestic violence laws in New York:
What constitutes domestic violence in New York?
According to the Office for the Prevention of Domestic Violence, this crime is unique because the victim and offender are usually family members or living within the same household. Victims are often ex-spouses, current spouses, marriage or blood relatives, or co-parents.
These charges may also involve former household residents. Domestic violence incorporates various crimes, including assault, battery, aggravated assault, sexual battery and sexual assault. In some cases, kidnapping and stalking may constitute domestic violence.
What are the potential penalties of a domestic violence conviction?
In addition to domestic violence charges, the state may add charges such as battery or assault, depending on the nature of the crime. This may influence whether you face felony or misdemeanor charges.
A domestic violence conviction comes with a minimum five-day stint in jail. Judges may also sentence offenders to probation and community service. A misdemeanor conviction may result in a maximum jail stay of one year; a felony conviction may put the offender behind bars for up to five years.
If the victim gets a restraining order against the offender, and the latter violates the terms, then the offender will likely face first-degree misdemeanor charges. A conviction for violating a restraining order may come with a one-year jail sentence.
Possible Defenses against Domestic Violence Charges in New York
If you are facing domestic violence charges, then it is critical that you consult a criminal lawyer who has successfully handled these types of cases. He or she can structure a defense based on the unique facts of your case.
There are several possible defenses against domestic violence charges, such as:
- Acting out of necessity to protect a child;
- Acting with a legally justifiable reason;
- The crime did not happen;
- Or the arresting officer violated your constitutional rights.
If you are facing domestic violence charges in New York, then contact Goldberg & Allen, LLP. There may be a defense that convinces the courts to reduce the charges or the penalties, or to dismiss the case altogether. Call 212-766-3366 to schedule a consultation.