New York Domestic Violence Penalties

New York domestic violence penalties can be harsh, and the penalty you face will be determined by the severity of the charge in question. Penalties range from brief jail stints to life imprisonment, and if you are not able to assemble a defense strategy, the courts will more than likely find you guilty.

Without an attorney, you will be forced to defend yourself, and if you lack in-depth knowledge of the court system and laws, your freedom will be in jeopardy. For this reason, it would be wise to hire a capable defense attorney who can work to mitigate the penalties you face. 

What is Domestic Violence?

If a person wants to understand New York domestic violence penalties, they must know exactly what domestic violence is. New York state defines domestic violence as any act of violence that a person commits against a family member, spouse, or cohabitant.

When most people think of domestic violence, they immediately think of a husband abusing a wife or child, but in reality, domestic violence can occur against individuals of any gender, age, sexual orientation, or socioeconomic background.

Domestic violence charges cover every offense ranging from stalking to murder, and in many situations, domestic violence cases are tried in family court. Individuals can receive the following charges in regards to domestic violence:

 
  • Communicating threats
  • Sex crimes
  • Assault and battery
  • Kidnapping
  • Murder and attempted murder
  • Reckless endangerment
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    The penalties faced by those convicted of domestic violence depend on the nature of the charges. For example, a person convicted of reckless endangerment will face a lesser sentence than a person convicted of murder.

    Protective Orders

    Forcing a convicted individual to abide by a protective order is one of the most common New York domestic violence penalties.  When a person is convicted, the presiding judge may issue a temporary order of protection for the alleged victims. In many cases, the alleged victims are even allowed to request a protective order prior to the court proceedings.

     The court will review the request for a petition, and if they believe the alleged offender is a threat to the safety and well-being of the petitioner, the petition will more than likely be granted.

    Potential Legal Consequences

    As mentioned above, New York domestic violence penalties vary according to the nature of the crime. If a person is convicted of a misdemeanor domestic violence charge, such as disorderly conduct, they can expect to spend anywhere from 15 days to a year in jail, and they will be expected to pay a fine of up to $1,000.

    If a person is convicted of a class B, C, D, or E felony charge, they can spend between four and 25 years in prison, and be forced to pay a fine ranging from $5,000 to $30,000. Individuals who are convicted of class A felonies can spend the rest of their lives behind bars.

    Avoid New York Domestic Violence Penalties

    If you have been charged with domestic violence and do not want to face any of the New York domestic violence penalties, you should contact a lawyer at our firm.

    It can be stressful to face charges you do not understand on your own, and that is why an attorney can do everything they can to provide you with the right legal guidance. Contact a lawyer today to learn more.