Prosecution of New York Domestic Violence Cases

After a person is arrested on charges of domestic violence, they will inevitably be forced to face a prosecutor in court. New York state does not allow individuals to drop domestic violence charges, and even if they are false, the state will attempt to assemble evidence against the alleged offender.

Defending oneself against domestic violence charges is never easy, and without the aid of an established defense lawyer, most defendants will find themselves at the mercy of the court.

If you or someone you care about has been charged with domestic violence, speak with a skilled domestic abuse lawyer who can defend you, and explain the prosecution of New York domestic violence cases.

What Constitutes Domestic Violence?

The prosecution of New York domestic violence cases is relatively straightforward, and if a person is charged with the crime, they will face a plethora of charges and penalties.

Contrary to what many people think, the term domestic violence actually refers to a wide range of criminal acts committed by family members, spouses, romantic partners, and roommates. The following crimes can be placed in a domestic violence context:

  • Assault
  • Disorderly conduct
  • Rape and sexual assault
  • Murder and attempted murder
  • Kidnapping
  • Stalking
  • Less serious crimes are usually tried in family court, but serious felonies, such as murder and kidnapping, often warrant a criminal trial. Prior to the proceedings, the alleged victims may elect to file a protective order against the alleged perpetrator.

    Factors Impacting Domestic Violence Cases

    During the prosecution of New York domestic violence cases, several factors will impact the outcome of the trial. The court will take the following factors into consideration:

    Evidence

    When a person goes to trial, the prosecution will introduce evidence collected by law enforcement officials. If the evidence proves the alleged offender committed an act of domestic violence, the court will issue a punishment. During the trial, the lawyer for the defendant will attempt to question the validity and collection of the evidence. If they are successful, the charges against the defendant may be dropped

    Criminal History of the Defendant

    Individuals with a history of violent crime convictions may have difficulty defending themselves. The court will examine the criminal record of the alleged perpetrator, and individuals who do not have a record will usually fare better and receive lesser sentences if they are convicted

    Witness Testimony

    If anyone saw or overheard the alleged violent incident, they will provide testimony to law enforcement agents and possibly testify before the court. Witness testimony is very important, and both the prosecutor and defense attorney will have a chance to ask questions to witnesses

    If the court believes the defendant is guilty, they will be convicted and sentenced. The severity of the sentence will depend largely on the criminal background of the defendant and the extent of the violent act.

    In New York, individuals can serve anywhere from a few months to a lifetime in prison, depending on the crime they are convicted of.

    Learn More About the Prosecution of New York Domestic Violence Cases

    There are many elements of a successful domestic violence defense, and if you have been charged with the crime, you will need a lawyer who knows how to handle such cases.

    Domestic violence convictions can have a lasting impact on your life, but a New York domestic violence lawyer can help get your charges reduced or dismissed completely.

    Contact an attorney today to learn more about the prosecution of New York domestic violence cases.