New York Domestic Violence Lawyer
Being accused of domestic violence can lead not only to serious criminal penalties, it can impact your entire life. When the accusation comes from a spouse, a former partner, or a family member, the social stigma can negatively affect how you are treated at work, in school, or in your community.
If you or someone who know faces this kind of charge that can ruin reputations and harm careers, a skilled New York domestic violence lawyer can help you protect your good name and defend your rights.Definition of Domestic Violence
The law in New York defines family offenses as certain violent, threatening or other actions between family members or those in the same household. This law covers individuals who are:
- Legally married
- Formerly married
- Have a child in common
- Have been in an intimate relationship even if not living together
New York criminal law treats domestic violence related crimes in the same way that it treats other violent offenses. Individuals accused of violence against family members may be charged with assault menacing, stalking, or other criminal offenses.
An experienced domestic violence lawyer in New York can help people understand exactly what they are being charged with, and how to respond most effectively.
In addition to possible criminal prosecution, someone who commits a family offense may be named in a restraining order, which is known as an order of protection.Criminal Punishment for Domestic Violence
In New York, a conviction for offenses such as those listed above can result in a range of penalties. First-degree assault carries a term of five to 25 years in jail or a maximum fine of $5,000.
Lesser offenses are considered misdemeanors, such as third-degree assault, second-degree menacing, or criminal obstruction of breathing or blood circulation. Those who are convicted of these offenses face up to one year of jail time or a maximum fine of $1,000.
Other potential consequences of domestic violence can be mandated in family court. These include requiring the defendant to stay away from the home, workplace, or school of the household or family member or set a child visitation schedule for a parent.Responding to Accusations of Domestic Violence
Domestic violence accusations are always sensitive, so defending against these charges can be challenging.
False accusations of domestic violence can come from individuals motivated by jealousy or disappointment. They can also be used to gain the upper hand in a child custody or divorce dispute.
Responding to domestic violence accusations requires the assistance of a knowledgeable and experienced attorney. Capable New York domestic violence lawyers will get to the bottom of the story in each case, to understand the series of events leading to the criminal charges.
They will be able to inform people of their rights and help them explain their side of the story in and out of the courtroom.Contact a New York Domestic Violence Attorney for Help
A conviction for domestic violence can follow you for the rest of your life. A lot is at stake when people are charged with domestic violence. Being convicted can result in jail time, substantial monetary fines, a professional license, and the loss of custodial rights to children. Whatever the circumstances, a New York domestic violence lawyer will hear your story, and do everything they can to defend your interests and your future.