Domestic violence encompasses acts of physical, emotional, sexual, or economic abuse between individuals in a familial or intimate relationship. In New York, domestic violence laws protect individuals who:
- Are related by blood or marriage
- Are legally married or were once married
- Share a child together
- Are or were in an intimate relationship, regardless of whether they lived together
New York has strict laws surrounding domestic violence, including a “mandatory arrest” policy. If law enforcement is called and finds probable cause that domestic violence occurred, they are required to make an arrest. This happens even if the alleged victim does not wish to press charges, removing the decision from their control. If you are facing domestic violence charges on Long Island, you need an aggressive Long Island criminal defense lawyer on your side immediately.
The Consequences of a Domestic Violence Conviction on Long Island
Penalties for domestic violence convictions can be severe and life-changing, potentially including:
- Significant fines
- Lengthy probation periods
- Jail or prison time
- Temporary or permanent orders of protection (restraining orders)
- A criminal record
- Loss of custody or visitation rights
Having the right legal representation is crucial to avoiding these potential consequences. At The R.M.L. Law Firm, PLLC, our criminal lawyer is committed to providing a robust defense for clients facing domestic violence accusations across Long Island. We understand the emotional and legal complexities involved in these cases and are prepared to guide you through each step of the process.
Types of Domestic Violence Charges and Penalties in New York
Domestic violence charges in New York encompass a wide range of criminal offenses that can take many forms of physical abuse.
Prosecutors evaluate various factors when deciding how to handle a domestic violence case, including:
- The severity of any injuries
- The involvement of weapons
- The duration of the alleged abuse
- Whether children or others were at risk
- The accused’s prior criminal record and history of domestic violence
Each of these factors can influence the charges you face and the potential penalties.
Below are some of the most commonly charged domestic violence-related crimes and their corresponding penalties:
Assault Charges:
- Assault in the First Degree (Class B Violent Felony): Punishable by up to 25 years in prison and fines of up to $5,000.
- Assault in the Second Degree (Class D Violent Felony): Punishable by up to 7 years in prison and fines up to $5,000.
- Assault in the Third Degree (Class A Misdemeanor): Carries up to 1 year in jail and a fine of up to $1,000.
Menacing Charges:
- Menacing in the First Degree (Class E Felony): Punishable by up to 4 years in prison and fines up to $5,000.
- Menacing in the Second Degree (Class A Misdemeanor): Punishable by up to 1 year in jail and a fine of up to $1,000.
Harassment Charges:
- Harassment in the Second Degree (Violation): Carries a penalty of up to 15 days in jail and a fine of up to $250.
Other common domestic violence offenses are stalking, trespass, endangering the welfare of a child, order of protection violations, obstruction of breathing & strangulation and criminal mischief. It’s important to know that each domestic violence charge carries its own unique consequences, and the penalties you face can vary greatly depending on the specific charges, the facts of the case, and your criminal history. It is therefore essential to have experienced legal representation to fight these charges.
The Primary Aggressor Rule and Wrongful Arrests in Long Island Domestic Violence Cases
In many domestic violence cases, the police must identify the ‘primary aggressor,’ or the individual who is believed to have initiated the violent incident. This decision is often made hastily and based on limited information. Factors the police might consider include:
- Statements made by the people involved
- Visible injuries or property damage
- Who contacted the authorities first
- Any history of domestic violence between the parties
- The size and strength differences between those involved
- Whether weapons were used or present
- The behavior and demeanor of each person when officers arrive
- Eyewitness accounts or testimony from neighbors or bystanders
Because of this, the process can result in wrongful arrests, where the real victim is taken into custody or where both parties are arrested without fully understanding the situation. It is vital to work with a Long Island domestic violence defense lawyer who can challenge this determination and ensure your side of the story is heard.
Example Scenario:
During a heated argument with your spouse, the situation escalates, and you both become physically aggressive. In an attempt to defend yourself, you push your spouse away, resulting in minor injuries. Fearing further harm, you call the police. However, when officers arrive, they see your spouse’s injuries and arrest you as the ‘primary aggressor’ and because they have to make an arrest. Even though you acted in self-defense, New York’s mandatory arrest law led to your arrest. Now, you’re facing serious domestic violence charges, and your future is at risk, despite your attempts to protect yourself.
Cases like this happen more frequently than you might think, which is why having a skilled domestic violence defense attorney to present your side of the story is important.
Potential Defenses in Domestic Violence Cases on Long Island
Facing domestic violence charges is serious, but being arrested is not the same as being convicted. At The R.M.L. Law Firm, PLLC, we explore every potential defense strategy, including:
False Accusations
In emotionally charged relationships, false accusations are not uncommon. A partner may falsely accuse you of abuse for various reasons, including gaining leverage in divorce or custody disputes. This can be particularly damaging in family law contexts.
Self-Defense
If you were defending yourself during a domestic incident, you have the right to protect yourself. Self-defense is a valid defense if you can show that your actions were reasonable in light of the threat you faced. This often involves demonstrating that you were not the aggressor and that any harm caused was a result of defending yourself.
Lack of Evidence
The prosecution must prove your guilt beyond a reasonable doubt. If there is insufficient evidence, they may not be able to meet this burden. We will thoroughly examine the evidence—or lack thereof—in your case.
Mistaken Identity
Sometimes, in chaotic situations, law enforcement arrests the wrong person. We can work to show that you were not involved in the incident, potentially using alibis or other evidence to demonstrate mistaken identity.
Aggressive Long Island Domestic Violence Defense with The R.M.L. Law Firm, PLLC
Domestic violence charges can carry heavy emotional, legal, and social consequences, affecting not just your freedom, but your family, job, and reputation. At The R.M.L. Law Firm, PLLC, we provide an aggressive and strategic defense tailored to the unique facts of your case.
If you’re facing domestic violence charges in Nassau County or Suffolk County, don’t wait. Contact a domestic violence lawyer from our firm today for a free confidential consultation.
