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Domestic Violence

Allegations of domestic violence are taken very seriously by prosecutors and judges. In many cases, a court will issue a restraining order or an order of protection for which an alleged offender can be arrested for violating. While the charges are pending the person accused of the crime might not be able to return to his home or even see his children. Many families suffer a serious financial setback during this time period. A criminal record can impact the entire family for many years to come.

While this crime certainly deserves the serious consideration it is given by law enforcement, there are occasions in which allegations may be false or deliberately exaggerated in households where couples are in the midst of a divorce or child custody dispute. Sometimes, police may be too eager to label a case as being “domestic violence” without conducting a proper investigation.

If you have been charged with this type of crime in New York, you will want to immediately discuss your case with an experienced criminal defense attorney. Greco Neyland, PC aggressively defends clients throughout New York City including Brooklyn and Manhattan against domestic violence offenses. We are familiar with the tactics used by officers with the New York Police Department (NYPD) in domestic violence cases

Attorney Jeff Greco and Dustan Neyland are committed to conducting a relentlessly thorough investigation of every case in their effort to build the strongest possible defense. Call our firm (212) 951-1300 right now to receive a complete review of your case during a free, confidential consultation.


New York Domestic Violence Information Center


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Family or Household Members in New York City Domestic Violence Cases

A victim of domestic violence is defined under New York Social Services Law § 459-a as any person over the age of 16, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of an act that constitutes domestic violence. This same section of the New York Social Services Law further defines a family or household member as being any of the following:

  • Persons related by consanguinity or affinity
  • Persons legally married to one another
  • Persons formerly married to one another regardless of whether they still reside in the same household
  • Persons who have a child in common regardless of whether such persons are married or have lived together at any time
  • Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household
  • Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”
  • Any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation

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Types of Domestic Violence Offenses in New York

There are several different crimes of this nature defined under New York Penal Law. Some examples include:

  • Aggravated Assault Upon a Person Less Than Eleven Years Old, New York Penal Law §120.12 — Class E Felony
  • Aggravated Harassment in the Second Degree, New York Penal Law §240.30 — Class A Misdemeanor
  • Aggravated Harassment in the First Degree, New York Penal Law §240.31 — Class E Felony
  • Assault in the Second Degree, New York Penal Law §120.05 — Class D Felony
  • Assault in the First Degree, New York Penal Law §120.10 — Class B Felony
  • Criminal Mischief in the Fourth Degree, New York Penal Law §145.00 — Class A Misdemeanor
  • Criminal Mischief in the Third Degree, New York Penal Law §145.05 — Class E Felony
  • Criminal Mischief in the Second Degree, New York Penal Law §145.10 — Class D Felony
  • Criminal Mischief in the First Degree, New York Penal Law §145.12 — Class B Felony
  • Strangulation in the First Degree, New York Penal Law §120.12  — Class C Felony
  • Endangering the Welfare of a Child, New York Penal Law §260.10 — Class A Misdemeanor
  • Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled Person in the First Degree, New York Penal Law §260.34 — Class D Felony
  • Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled Person in the Second Degree, New York Penal Law §260.32 — Class E Felony
  • Forcible Touching, New York Penal Law §130.52 — Class A Misdemeanor
  • Harassment in the First Degree, New York Penal §240.25 — Class B Misdemeanor
  • Menacing in the Third Degree, New York Penal Law §120.15 — Class B Misdemeanor
  • Menacing in the Second Degree, New York Penal Law §120.14 — Class A Misdemeanor
  • Menacing in the First Degree, New York Penal Law §120.13 — Class E Felony
  • Reckless Assault of a Child, New York Penal Law §120.02 — Class D Felony
  • Reckless Endangerment in the Second Degree, New York Penal Law §120.20 — Class A Misdemeanor
  • Reckless Endangerment in the First Degree, New York Penal Law §120.25 — Class D Felony
  • Sexual Abuse in the Third Degree, New York Penal Law §130.55 — Class B Misdemeanor
  • Sexual Abuse in the Second Degree, New York Penal Law §130.60 — Class A Misdemeanor
  • Sexual Abuse in the First Degree, New York Penal Law §130.65 — Class D Felony
  • Sexual Misconduct, New York Penal Law §130.20 — Class A Misdemeanor
  • Stalking in the Fourth Degree, New York Penal Law §120.45 — Class B Misdemeanor
  • Stalking in the Third Degree, New York Penal Law §120.50 — Class A Misdemeanor
  • Stalking in the Second Degree, New York Penal Law §120.55 — Class E Felony
  • Stalking in the First Degree, New York Penal Law §120.60 — Class D Felony
  • Unlawfully Dealing With a Child in the First Degree, New York Penal Law §260.20 — Class A Misdemeanor

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New York City Penalties for Domestic Violence

The consequences can be quite severe for a person who is convicted of this type of criminal offense. The length of imprisonment and the amount of possible fine depends on the classification of the crime that was allegedly committed:

  • Class B Misdemeanor — Up to three months in jail and up to $500 in fines
  • Class A Misdemeanor — Up to one year in jail and up to $1,000 in fines
  • Class E Felony — Up to four years in prison and up to $5,000 in fines
  • Class D Felony — Up to seven years in prison and up to $5,000 in fines
  • Class C Felony — Up to 15 years in prison and up to $5,000 in fines
  • Class B Felony — Up to 25 years in prison and up to $5,000 in fines

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New York Family Abuse Resources

Mayor’s Office to Combat Domestic Violence — This website contains statistics, press releases, and news relating to domestic violence services. There are also links to prevention and educational materials and campaigns.

New York City Family Justice Center
126-02 82nd Avenue
Queens, NY 11415
(718) 575-4500

New York State Domestic Violence Courts Program Fact Sheet — This page provides an overview of the purpose of domestic violence courts as well as their components, including judges, resource coordinators, and on-site victim advocates.

Integrated Domestic Violence (IDV) Courts — You can learn more about the mission and goals of these courts as well as the various locations on this website. There is also information about jurisdiction, judicial monitoring, domestic violence services, and technical assistance.

New York State Unified Court System
Office of Court Administration
Room 852
25 Beaver Street
New York, NY 10004
1-800-COURTNY (1-800-268-7869)


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Domestic Violence Lawyer in Manhattan – Greco Neyland, PC

As former prosecutors, Jeff Greco and Dustan Neyland know what issues to look for in the cases against people accused of criminal offenses. If you have been arrested for domestic violence or child endangerment, our criminal defense attorneys will fully investigate the charges against you and work to get them reduced or completely dismissed.

We represent clients in a wide variety of criminal charges involving allegations of domestic violence. Although most of the time the person accused is a man, we are also experienced in representing women charged with domestic violence.

Greco Neyland, PC represents clients all over New York City against criminal offenses. We offer a free consultation to review your case when you call (212) 951-1300 today.

This article was last updated on Friday, May 27, 2016.

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