¿Se pueden retirar los cargos por violencia doméstica en la ciudad de Nueva York?

Domestic violence charges are taken quite seriously in the Big Apple. If convicted, you could wind up in a local jail, like Rikers Island or the Vernon C. Bain Correctional Center, or you could be sent to prison upstate. The question most people accused of this crime ask is, “Can domestic violence charges be dropped in NYC?” The answer, however, is somewhat complicated.

If you are accused of domestic violence, reach out to a skilled attorney at Greco Neyland, PC, for a strong defense.

Domestic Violence Charges in NYC

Domestic violence isn’t a single criminal charge in NYC. It’s a pattern of abusive behaviors that occurs between two people in an intimate relationship. The charges associated with domestic violence can include:

• Physical assault
• Agresión sexual
• Acoso
• Acoso
• Amenaza
• Destruction of property

When these acts are committed by a family member, intimate partner, or household member, they can lead to enhanced penalties. New York’s domestic violence laws are in place to protect victims from harm within domestic settings. They also recognize the unique power dynamics that often apply in these unfortunate circumstances.

Can the Victim Drop the Charges in a Domestic Violence Case?

Alleged victims of domestic violence in NYC cannot drop the charges against their alleged abusers once they have been arrested. The District Attorney’s office decides whether to proceed with a case, though they can take a victim’s wishes into account. The DA’s office is typically influenced by evidence that extends beyond the victim’s testimony.

New York’s Mandatory Arrest Policies

New York has mandatory arrest policies in place for domestic violence cases. They require police officers to arrest offenders in certain situations, including the commission of a felony, a violation of a court order, or a family offense crime. The police are required to investigate, regardless of the nature of the incident, so you could be arrested, even if the alleged victim actively requests that you not be arrested.

If an alleged abuser commits a misdemeanor crime and there is no protection order in place, the police can exercise discretion when making arrests. However, they cannot ask victims whether they want to press charges.

Ways to Get Domestic Violence Charges Dropped

Although getting a victim to recant their statement will not necessarily get your charges dropped, there are several ways to pursue this outcome. When you hire a seasoned domestic violence attorney, they can work to get your charges dropped through the following methods:

• Proving Innocence: If your attorney can provide evidence of your innocence, such as a video of the incident showing that the allegations are false, this could get your charges dropped.
• Procedural Violations: Domestic violence cases are often dropped because of procedural violations in discovery, speedy trial violations, improper evidence handling, or uncooperative complainants. Your lawyer can evaluate your case to determine whether any procedural violations have occurred.
• Insufficient Evidence: Sometimes, evidence gets thrown out that the prosecution needed to prove its case. When that happens, your domestic violence defense lawyer can file a motion to have your case dismissed. It’s rare for prosecutors to bring charges without having sufficient evidence to begin with, so most of these cases hinge on proving constitutional rights violations or other procedural errors.
• Pre-trial Diversion Programs: First-time offenders could complete court-mandated requirements under a pre-trial diversion program, which can include therapy or domestic violence classes, resulting in the charges being officially dropped.

Even if your attorney cannot get your case dismissed, it is unlikely to end in a guilty verdict if the evidence against you is weak or you have a valid alibi.

How Common Is It for Domestic Violence Charges to Be Dropped?

It’s extremely common for cargos por violencia doméstica to be dropped in NYC, both for procedural violations and for lack of evidence or proof of innocence. In fact, around 94% of charges get dropped.

You shouldn’t automatically assume that yours will be, though. There were 249,077 domestic violence incidence reports in 2024, so many people are still convicted of related offenses. You need to have a skilled domestic violence lawyer who can either:

• Work to get your charges dropped.
• Come up with an effective defense strategy should your case go to court.

Preguntas frecuentes

How Can You Get Domestic Violence Charges Dropped in NYC?

You could get domestic violence charges dropped in NYC with the help of an NYC domestic violence attorney. The accuser cannot drop the charges once an arrest has been made, but your attorney could show that there is insufficient evidence to support the case continuing to trial. Evidence can be excluded from consideration by the court if it was gathered illegally.

Why Do Most Domestic Violence Cases Get Dismissed?

Most domestic violence cases get dismissed due to:

• Uncooperative witnesses
• A lack of physical evidence
• The strict procedures in New York, such as the right to a speedy trial under state law

The alleged victims of domestic violence can’t drop charges themselves, but if they refuse to cooperate, recant their statements, or fail to appear in court, it can have a significant impact on your case.

How Long Do You Go to Jail for Domestic Violence in NYC?

How long you go to jail for domestic violence in NYC depends on the legal classification of the crime that was committed. Someone who committed a Class B misdemeanor may only spend up to three months in jail, while someone who committed a Class B felony could spend up to 25 years in prison.

Is It Better to Have Charges Dismissed or Dropped?

Having charges dismissed or dropped has the same legal outcome, which is that you will not be convicted, so neither is better than the other. When charges are dropped, the prosecuting attorney decides to stop pursuing the case. When they’re dismissed, a judge formally terminates the case, often due to the filing of a successful motion by your defense attorney. In both cases, you avoid having a criminal conviction on your record.

Hire a Domestic Violence Lawyer Today

If you’ve been charged with any domestic violence offense, you need to hire a domestic violence lawyer right away. The team here at Greco Neyland, PC, has extensive experience in handling domestic violence cases. We can leverage our knowledge of domestic violence laws to pursue the most positive outcome possible in your case. Póngase en contacto con nosotros para concertar una consulta inicial hoy mismo.