Domestic Violence Conviction in New York: Penalties and Defense

Domestic violence crimes are quite prevalent in the United States and a number of different behaviors can be classified as domestic violence.

What is Domestic Violence?

Many abusers do not realize that the following are considered domestic violence:

• Emotional, or physical abuse,
• Neglect,
• Innate violence between couples,
• Physical assault,
• Harassment (which includes threats, telephone and email harassment),
• Reckless endangerment,
• Stalking, and
• Child abuse. 

There is a very fine line between saying something in anger and making a threat.  When any of these things happen, the victim of the domestic violence can take action by pressing charges against the abuser.

Penalties for Domestic Violence Charges

If you have been charged with domestic violence in New York state, you will need to know what penalties you face and what type of defense you will need.

In the state of New York, the penalties for a misdemeanor domestic violence conviction depend on the facts of the case.  Additional factors may include the abuse history of the abuser: 

• Was he convicted in any prior domestic abuse cases?
• Was he on probation or parole?
• How does the community feel about the crime and so forth. 

A few of the basic penalties that may ensue include:

• Probation,
• Mandatory treatment programs,
• Moderate jail sentences up to 20 years,
• Fines up to $240,000,
• Three years of probation  and
• A restraining or protective order against you by the victim.

Defending Against Domestic Violence Charges

If you are charged with domestic abuse you should not procrastinate on fighting the charges.  New York prosecutors have the authority to follow through on the charges, despite what the victim wants to do.  The first thing that you should do once you find out that you have been charged, is to contact a defense attorney, and not just any defense attorney, an aggressive defense attorney.  You should have a strategy where your attorney will seek dismissal of the charges, acquittal at the trial or at the very least, your attorney should try to negotiate to lower charges with less severe consequences.

Get Legal Help

It is not in your best interest to try to defend your own case.  Chances are you probably will not win. The best thing that you can possibly do is cooperate with the authorities, cooperate with your lawyer, and cooperate with the prosecuting attorney.  This is why you need representation.  If you have done something that the victim perceives as harmful, then you can easily be convicted of abuse.  It does not matter if you did not mean to do it or if you lost your temper.  All that mattes is that an act of domestic abuse was committed.  In the state of New York as soon as a complaint of domestic abuse is filed, the clock begins to tick for the abuser to find a lawyer fast.