How a NYC Domestic Violence Charge Can Devastate Your Life?

While many people think of domestic violence (DV) as only being the physical abuse of a spouse, it involves several forms of violence within a range of intimate relationships. Moreover, because domestic violence can result in long-term mental, physical, and emotional damage for the victim, DV charges can be extensive. Therefore, if you are facing DV charges, you may want to know how an NYC domestic violence charge can devastate your life.

Domestic Violence in NYC Defined

The State of New York defines domestic violence as a pattern of controlling behaviors by one party to another in an intimate relationship. Domestic violence is not always physical. It can be emotional, mental, financial, or involve intimidation and threats. Ultimately, the definition of domestic violence rests on the presence of coercive behaviors and the nature of the relationship.

For example, an intimate relationship can be between:

• Spouses or former spouses
• A dating relationship
• A cohabiting relationship
• A parent-child relationship
• A sibling relationship
• A co-parenting relationship
• A sexual relationship
• In-law relationships
• Other blood relationships

Common Domestic Violence Charges in NYC

Domestic violence defines how certain laws are carried out, but it is a singular charge itself. Instead, it is a family offense, and there may be associated charges that come with domestic violence.

Common examples of criminal domestic charges include:

• Assault
• Harassment
• Aggravated Harassment
• Stalking
• Menacing
• Reckless Endangerment
• Sexual Assault or Abuse

These are just some domestic violence charges, and each of them has its own penal code with associated penalties.

Common Penalties for DV Charges in NYC

Third-degree assault is probably one of the most common domestic violence charges and involves intentionally or recklessly causing physical harm to another person. Third-degree assault is a class A misdemeanor, which is punishable by up to a year in prison per New York Penal Code § 120.00. However, you could also be charged with second or third-degree assault, which are felonies punishable by four years up to life in prison.

Generally, though, domestic violence charges can be nuanced as each crime carries a unique sentence with varying degrees of severity. For example, stalking can be in the first, second, or third degree, each carrying a separate sentence. While some charges are misdemeanors for all domestic violence crimes, others are felonies.

Misdemeanor Domestic Violence Charges

Harassment, menacing in the third or second degree, and stalking in the third degree are all misdemeanor charges. In NY, Class A misdemeanors carry a sentence of up to a year in prison, and Class B misdemeanors carry a sentence of up to 3 months in prison.

Felony Domestic Violence Charges

Aggravated harassment, first-degree menacing, stalking, and reckless endangerment, as well as sexual assault, are all felonies. In NY, felonies are classified as class A, with class A felonies being the most severe. Some of these domestic violence crimes may be class A or B felonies, while some are class D, C, or E.

A brief penalty schedule according to Penal Code 70.00 for felonies in NY is as follows:

• Class A felony could result in life imprisonment
• Class B felony could face up to 25 years in prison
• Class C felony carries a penalty of up to 15 years in prison
• Class D felony could mean serving up to 7 years in prison
• Class E felony will face prison time of up to 4 years

How a Lawyer Can Help

If you are facing domestic violence charges, help is available to you. A skilled NYC domestic violence lawyer can help you negotiate your charges or even get your case dismissed. In some cases, the prosecutor may make a mistake, which results in dismissal. A 2023-2024 report from the governor stated that 94% of domestic violence cases were dismissed, which was a sharp increase from previous years. This may provide hope for your case, especially if you maintain your innocence.

Even still, of the over 35,000 domestic violence cases in NYC in 2014, there were 57% felony convictions. Moreover, 28% of convicted cases were sentenced to jail, mostly in the Bronx. This details the severity of the conviction if you are charged with domestic violence. It also exemplifies the importance of hiring a skilled NYC criminal lawyer to help protect your rights and defend your case. A solid defense may be the difference between years of confinement and freedom.

FAQs

Q: What Is the Optimal Defense for Domestic Violence Charges?

A: The optimal defense for domestic violence charges is self-defense or defending another person. If you reasonably believed you were in imminent danger, or that someone was threatening your life, you may use self-defense as a credible defense. Another common defense for domestic violence is if the person changes their story.

Q: How Does Domestic Violence Affect Quality of Life?

A: Domestic violence can affect the quality of life for both victims and perpetrators. Being subjected to domestic violence can impact your mental, emotional, physical, and psychological health. Moreover, the nature of domestic violence can greatly impact your well-being. For perpetrators, domestic violence can change your life forever, especially if you are sentenced to jail time and obtain a criminal record.

Q: How to Beat a False Domestic Violence Charge?

A: Beating a false domestic violence charge has a high potential for positive outcomes, but it depends on several factors. If you have evidence to prove that the charges against you are false, your lawyer may be able to get your case dismissed. False charges may also have implications for the accuser.

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

A: You can go to jail for a year to 25 years, depending on your charges. The most common domestic violence charges are third-degree assault, simple assault, aggravated assault, felony, and domestic homicide in NYC. Third-degree assault is a class A misdemeanor, punishable by up to a year in prison. However, some domestic homicide charges may result in facing up to life in prison.

New York City Domestic Violence Attorney

Domestic violence is a complex and controversial issue. Because it involves the presence of an intimate relationship, there may be several grey areas that can impact the charges. Further, the laws surrounding domestic violence are complex and are different for each individual crime, as domestic violence may come in many forms. Contact us today for a free consultation if you are facing charges.