Second and Third Degree Assault, as well as Aggravated Harassment in the Second Degree, are the most common arrest charges falling under the general umbrella of domestic violence. These are Class A misdemeanors punishable by up to a year in prison.
What is Domestic Assault?
Domestic assault refers to physical harm done to a family member or household member, by another member of the same family or household. What makes it different from non-domestic offense is not the sentence, but the order of protection.
An order of protection is temporary and generally lasts until the next court date, when they are typically renewed. There are two types of order of protection: a full one that instructs someone to stay away from another person, and a limited order of protection, which instructs a person to commit no crimes against the other.
Defending Against a Charge with Olivier E. Roche, Esq.
Often, domestic assault charges are completely overblown and charged based on trivial incidents. These are sometimes an attempt by the “victims” to get a time out from their partners, take revenge, or get the upper hand in a custody or divorce battle.
In addition, police are often extremely aggressive in arresting people accused of domestic assault – even when the evidence is thin or there is no evidence at all.
Therefore, before we go into court, I thoroughly go over the statement of the victim, reports by witnesses, and the conduct of the responding officers. I’ll exhaust every defense to prevent a conviction and jail time, or at least reduce the fines.
What if the Victim Drops the Charge?
In New York, victims cannot drop charges. The prosecutors are solely in charge of deciding whether to prosecute the accused.
However, they will have difficulty proving cases without cooperative victims. In fact, if the accuser refuses to cooperate with the prosecutor in any way, the casemaybe dismissed in accordance to the New York Penal Code section 30.30.
Every domestic assault case is different. Let me help you. Call today to schedule your initial consultation.
