The Possible Consequences of a Domestic Violence Case in Long Island, New York

Domestic violence allegations are taken seriously by the New York Court, and this is profoundly reasonable. In the past decade, movements by women’s groups have shed light on the real situation of domestic violence in the country, and numerous legislations have been enacted to protect the victims.

An unfortunate result, however, is that some individuals are falsely accused of crimes of domestic violence, and face the same legal consequence of someone who’s guilty of those crimes. These false allegations puts a defendant in a grave situation with life-altering effects.

The consequences are serious and far-reaching, which is why you need a competent criminal defense lawyer in Long Island to protect your reputation and safeguard your rights.

Legal Penalties of Domestic Violence Claims

The State of New York defines Domestic Violence as a situation where a household member threatens or commits violence against another member of the household. As such, it’s not limited to spouses but extends to children, family members, cohabitants, boyfriend, girlfriend, and or fiancé.

Domestic violence covers a wide range of offenses, from communicating threats to assault to strangulation and obstruction of breathing. Potential penalties include jail, probation and or fines.

Misdemeanor. If an individual is convicted of a misdemeanor domestic violence charge, they can spend between 15 days and one year behind bars. Fines could amount to $1,000.

Felony. If an individual is convicted of a class A, B, C, D, or E felony domestic violence charge, they can spend between 4 and 25 years in prison. Fines fall between $5,000 to $30,000. If convicted of a class A felony, the defendant can spend the rest of their life in prison.

Impact on Other Proceedings

Apart from the penalties mentioned above, allegations of domestic abuse also affect ongoing proceedings, such as divorce and child custody cases.

Divorce

In divorce cases involving allegations of domestic violence, the court may issue an order of protection, or a document that protects the aggrieved party and other involved individuals from the defendant. In some cases, stay away order of protections forces the defendant to leave their home.

Custody

New York courts are required to look into any allegations of domestic violence when determining custody.  In cases where the claims of domestic violence have been substantiated, a court will likely restrict the access of the charged individual to the children and possibly remove custody of the child from charged individual.

It must be noted, that domestic violence covers a wide range of offenses.  Despite this, there is still a chance that the defendant can get custody of the children or visitation rights, especially in cases where the defendant did not commit an act that posed a threat to the children’s physical, mental or emotional health or the defendant rehabilitates otherwise.

Proving Your Innocence

False accusations of domestic violence carry grave consequences that could change your entire life. This is one legal battle you must prepare for.

As a former prosecutor, I understand how the legal system works, especially in cases of domestic abuse. Furthermore, as a prosecutor I handle hundreds of DV cases. I use this knowledge to create a tailored defense for my clients. I will aggressively pursue motions to suppress and motions to dismiss charges, and take your case to verdict.

If you or a loved one has been accused, visit our Domestic Violence Page to learn more about the charges.