Domestic Violence Crimes
New York criminal defense attorneys who handle arrests and investigations involving Domestic Violence or domestic offenses (sometimes called New York Domestic Violence lawyers) routinely handle a wide spectrum of crimes alleged to have occurred “in the home.” Often time, these cases prosecuted by District Attorney’s Offices throughout New York City, Westchester and other suburban counties, are under heightened scrutiny from judges and prosecutors. In Manhattan Criminal Court, for example, all domestic crime misdemeanors are funneled into “Part D” or the Domestic Violence Part. Whether a Domestic Violence arrest involves misdemeanor Assault, Aggravated Harassment or Endangering the Welfare of a Child, this court hears the evidence and reviews all of the Domestic Violence complaints. In the event there is a parallel court case or proceeding in Family Court, cases are sent to the Integrated Domestic Violence Part (IDV Court) in the particular county of the arrest.
It makes no difference if a prosecution is in New York, Queens, Brooklyn, White Plains or Yonkers. Courts almost always err on the side of caution and issue an order of protection or restraining order in New York State Domestic Violence cases. Complicating matters, these orders of protections are often complete full or “stay away” orders that do not permit any contact even if the parties want to stay together or remain connected. Compounding issues further, unless your criminal lawyer or Domestic Violence attorney is able to limit that order (it is not always easy), a full order of protection will be in effect until the following court date often weeks later. It is critical to remember that if you violate an order of protection (even if the original case is later dismissed), prosecutors can have that you arrested for Criminal Contempt.
- NY Domestic Violence Arrests: Understanding the Process
- Defining “Domestic” in NY Domestic Violence Cases
- Examining NY Criminal Court Orders of Protection & Restraining Orders
- Criminal Contempt: Violating New York Restraining Orders & Orders of Protection
- The Supporting Deposition & Corroborating Affidavit in a NY DV Case
- Prosecuting Domestic Violence Cases Without a Victim
- Prosecutorial & Subpoena Power in a Domestic Violence Case
- The Accuser Lied: Responses to False Allegations
- Starting Your Defense to a NY Domestic Violence Arrest
If the above few paragraphs contained too much information for you to fully grasp, it is certainly understandable. Unfortunately, this is only the beginning. For example, although the first paragraph briefly identified some misdemeanor crimes that criminal lawyers in New York commonly handle, they are by no means an exclusive list of Domestic Violence offenses. Some common misdemeanor and felony crimes include:
- Assault crimes including Third Degree Assault (NY PL 120.00) & Second Degree Assault (NY PL 120.05) : Examples include punches and kicks that cause “substantial pain” such as redness and bruising. Felony examples may include the use of a “dangerous instrument” or the causing of a more serious physical injury such as one that leaves an ugly scar.
- Aggravated Harassment in the Second Degree (NY PL 240.30) : Examples of Second Degree Aggravated Harassment include repeated phone calls or texts that serve no legitimate purpose or merely harass the other party.
- Aggravated Criminal Contempt (NY PL 215.52) and Criminal Contempt (NY PL 215.51 and NY PL 215.50): Examples include violating orders of protection or restraining orders without or without threats or physical injuries.
- Stalking in the Fourth Degree (NY PL 120.45), Stalking in the Third Degree (NY PL 120.50) and Stalking in the Second Degree (NY PL 120.55): An example may include following a person to work or around the neighborhood while putting that person in fear for their safety. Weapons enhance this crime.
- Menacing in the Third Degree (NY PL 120.15) and Menacing in the Second Degree (NY PL 120.14) : Examples include threatening to hurt another person with or without some form of weapon or dangerous instrument.
- Strangulation and Related Offenses including Obstruction of Breathing or Blood Circulation (NY PL 121.11) and Strangulation in the Second Degree (NY PL 121.12) : A common accusation of prosecutors, an example may occur when you put your hands on another party’s neck and squeeze even slightly.
- Endangering the Welfare of a Child (NY PL 260.10) : Examples of Endangering the Welfare of a Child may include striking a child, Assault of another in front of that child, or using drugs around a child.
- Criminal Mischief crimes including Criminal Mischief in the Fourth Degree (NY PL 145.00) & Criminal Mischief in the Third Degree (NY PL 145.05) : Examples may include breaking a cell or mobile phone, damaging furniture or scratching a car. The dollar amount of the damage dictates the level of the crime.
- Robbery in the Third Degree (NY PL 160.05) & Grand Larceny Fourth Degree (NY PL 155.30(5)) : An example can include taking a cell phone from another person’s hand. If force is used, the felony goes from Fourth Degree Grand Larceny to Third Degree Robbery.
- Computer crimes including Unauthorized Use of a Computer, (NY PL 156.05), Computer Trespass (NY PL 156.10) : Examples may include accessing emails or texts of a partner or family member. Other examples could be altering passwords or sending out bogus emails from another person’s account.
Again, not an exhaustive list, the above crimes are those the New York criminal defense attorneys and former Manhattan Domestic Violence prosecutors at Crotty Saland PC have routinely handled throughout their respective careers. These misdemeanors are punishable by a year in jail and felonies carry sentences as lengthy as seven, fifteen or more years in prison. Even worse, other violent felonies not listed here can result in well over two decades incarceration or more.
Because of the “automatic arrest” requirements in New York domestic incidents, the grave potential for incarceration and the stigma to the personal and professional life of the accused, having experienced and skilled representation is essential. Not only can you be sentenced to a term of imprisonment, community service or an anger management program, certain plea deals or even arrests can endanger professional licenses and certifications for those in finance, law, medicine or other fields. Those on visas or with green cards should have similar fears. Having represented lawyers, financial services employees and other professionals such as teachers, doctors, and accountants, the attorneys at Crotty Saland PC are well aware of these collateral issues.
- New York Criminal Arrests and Convictions: Immigration Consequences
- NYC Employee Arrests: Direct and Collateral Consequences
- Doctors, Nurses and Other Medical Professionals: NY Arrests and Licensure
At bottom, as soon as you are arrested or even questioned in a Domestic Violence case, do your best to contact a criminal lawyer experienced in New York Domestic Violence crimes. What is a domestic incident report and should you or your partner, spouse, etc., sign it? What are the ramifications of signing such a report? What happens if the supporting deposition is signed? Will the case become more difficult? How will you get your clothes or personal items from your home if you cannot return? Is there a way the complaining party can withdraw the case? Can a domestic violence lawyer help you limit the order of protection? If a criminal court refuses to do so, can you go to Family Court to amend that order of protection so you can have contact with children? How will you get out of jail and post bail? Will you end up in prison or jail for an extended period of time? How are you going to protect your rights? What is the next step to reclaim your life, name and career?
Make no mistake. Any arrest is a horrendous and scary experience. Allegations of Domestic Violence, true or false, are often that much more severe. Protect your liberty, rights and career. Review through our website as well as the newyorkcriminallawyer-blog.com and contact one of the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC to best put you in position to protect your future.
Call the New York criminal defense attorneys and former Manhattan domestic violence prosecutors at (212) 312-7129 or contact us online today