Differences Between Assault and Domestic Violence Penalties in New York

While domestic violence and assault share similarities, they are both violent crimes and are charged under the same statute, they also have some differences. These differences can manifest in the outcome of your case, which is why it is important to understand the similarities and differences between assault and domestic violence penalties in New York. If you want to know more about the similarities and differences between assault and domestic violence penalties and what penalties you can expect to face, consult an experienced domestic violence lawyer today.

How Domestic Violence Cases Are Treated Versus Assault Cases

One of the differences between assault and domestic violence is that they are treated differently. They are treated differently because of the relationship between the parties. There are a lot of complex, personal, human elements to domestic violence cases where, in a significant number of them, once the incident that gives rise to the arrest is over, people calm down and heads clear.  Occasionally, the complainant in a domestic violence case does not actually want to move forward. They called the police because they wanted to de-escalate the situation.

Often, the purported victims do not actually want the defendant to get arrested but the New York Police Department has a mandatory arrest policy if called into a domestic violence situation. The cases are handled differently because the complainants in them tend to have a much wider spectrum of cooperation.

In a normal assault case, generally speaking, it is more likely for a complainant to want to go forward because they either do not know the party or the next day when the complainant wakes up, they are still upset about what happened and they want to seek justice. Frequently in domestic violence cases, the relationship between the parties involved plays a huge factor in the way the case moves forward.

Differences in Sentencing

There are no real differences between assault and domestic violence penalties in New York. The statute that the defendant is charged under for domestic violence is the same as it would be for assault. An assault case for domestic violence is treated the exact same as an assault case between strangers.

If there is any discrepancy, it will be in terms of kind of how a judge might sentence in the event that it becomes a trial verdict and a judge is put to the task of crafting a sentencing. Because there is no straight domestic violence charge, it is an assault charge that deals with domestic violence.

It is up to the parties determining a plea negotiation in how the cases are handled. So, sometimes, domestic violence cases are more harshly viewed than normal assault cases and sometimes they are less.

Are There Differences Between the Long-Term Consequences of Assault and Domestic Violence?

The differences between assault and domestic violence penalties in New York exist only to the extent that a conviction for a domestic violence case and an assault case will both probably result in a lasting order of protection. If the two parties are strangers in a general assault case, that might not be such a major inconvenience on the defendant's life because they do not run into this person, they do not know this person, they cannot reasonably expect to see them.

But in a domestic violence case, if the parties are dating, or family members, or married, there is possibly a close social circle that both people are associated in, and so at that point, the defendant is going to have to be cognizant of the different ways that they can violate the order and take steps to make sure that they do not. In that sense, a domestic violence conviction can make life more difficult for a person than a general assault conviction would. If an individual wants to know more about the differences between assault and domestic violence penalties or needs help mitigating those penalties, they should consult an adept domestic violence lawyer that can help.