Experienced Legal Defense Against Domestic Violence Charges
Domestic violence is a serious problem, and is actually one of the most common types of violence that an individual will experience. Because spousal abuse is such a large problem, it is punished severely. In fact, 14 percent of all homicides were domestic violence cases, according to the New York Times, claiming 334 lives in a 10 year period. One third of all violent felony defendants face charges of domestic violence, according to the Bureau of Justice Statistics (BJS). Punishment includes fines, restraining orders, loss of child custody, jail, or even prison. A criminal record of domestic violence can ruin your life by wrecking your standing within the community, your career prospects, and your financial stability. Our New York domestic violence lawyers provide the highest level of experienced legal counsel to fight allegations of domestic violence. Contact one of our lawyers today.
What is Considered Domestic Violence in New York?
Domestic violence is defined as physical abuse or intimidation of a household member. This includes:
- Sexual assault
- Withholding necessities
- Causing physical harm
- Causing the victim to fear physical harm
Contrary to what many believe, domestic violence can include actions that do not actually cause physical harm to the victim. This can include intimidation in the form of threats, throwing objects across the room, yelling, destroying furniture, or punching holes in the wall. As such, it can be easy for the victim to come up with evidence, examples, and even witnesses to situations that could be construed as domestic abuse if looked at from the right angle. Our job as domestic violence defense lawyers is to ensure that the court truly sees what happened, and not an exaggerated story.
Who is Protected Under New York Domestic Violence Laws?
Not everyone who experiences abuse from another falls under the category of a household member. Household or family members include :
- Former spouses
- People who have been in or were currently in a substantive relationship
- Roommates or former roommates
- Blood relatives
- People who share a child together
Penalties for New York Domestic Violence
If you have been charged with domestic violence in New York, you may be facing either a misdemeanor or a felony. For a felony charge, which is common, you may be up against a two and a half year prison sentence, or a five year sentence if the victim had a protective order against you.
We Will Help You Fight the Odds. Call Today
Domestic violence has a very high conviction rate across the country. That rate is even higher for those charged with sexual assault. Of defendants being prosecuted for domestic sexual assault, the conviction rate is 98 percent, according to the NYJS. For defendants facing non-domestic sexual assault, the conviction rate is 87 percent. While this high conviction rate is troubling for those who have been charged with false allegations of abuse, there is hope. A professional, highly aggressive legal team that is willing to take your case to trial instead of taking the easy route of plea deal will give you every opportunity to prove your innocence. Our New York Lawyers Team domestic violence lawyers are also experienced negotiators, and can help secure significantly reduced sentencing, fines, and other penalties. Reach out to us today for professional help with your case.