Manhattan Domestic Violence Offense Sentencing Lawyers
Domestic violence can be a broad category of different laws because it’s more of an umbrella term to cover a variety of crimes. Some of those crimes include stalking, rape, assault, disorderly conduct and harassment. If you have been charged with one of these crimes, you should hire a competent and experienced attorney as soon as possible. In a domestic violence case, it happens between two people who have a romantic relationship or live under the same house. When violence occurs, it falls under the category of domestic abuse.
What’s the Punishment for Domestic Violence?
The punishment will largely depend on the type of domestic abuse that has taken place. For example, an assault charge will usually mean that a person faces a penalty of up to seven years in prison for a class B felony. A first-degree domestic assault charge will be anywhere from five to 25 years in prison. It largely depends on the extent of the damage to the other person, and if the crime had happened before in the past.
For anyone accused of domestic assault, they could be charged with a misdemeanor or a felony. The District Attorney will consider a variety of factors, and they will decide how to proceed with charging you. Regardless of how you get charged, the consequences will almost always be serious. In general, you can expect an average sentence of between three to four years of probation. You might also have to attend a 52-week batterer treatment program. In addition, you could have around 30 days in jail, and you’d face some community service.
Different Degrees of Assault
The penalties for assault will range depending on the degree. In New York, you have first-degree, second-degree and third-degree assault. First-degree assault happens when the aggressor attempts to cause serious bodily harm, or he does cause serious injury to the victim. Finally, it happens if the aggressor attacks the person with a deadly weapon. Second-degree assault, on the other hand, will have some of the same elements as what you have with first-degree assault. However, the aggressor will either act recklessly or he will cause injury, but it’s not as serious of an injury. In second-degree assault, the attacker doesn’t use a deadly weapon. With third-degree assault, you have a lot of the same things that you’d have with first degree. However, the injury isn’t as serious.
What are the Other Charges of Domestic Violence?
Some of the other charges of domestic violence don’t involve physical injury. Nevertheless, you have the threat of physical injury. For example, the aggressor stalks the victim or acts menacing toward them. This will normally occur whenever an aggressor has repeatedly and intentionally tried to harass someone else. They might, for example, follow the person into public areas. They might also have a reasonable reason to feel fear of a physical injury because perhaps the aggressor has attacked them in the past.
The Unseen Consequences
Someone who has been charged with domestic violence will have a variety of unforeseen consequences. For example, domestic violence will go on the permanent record, and it could affect state licensing, employment and other benefits you want to receive. In addition, let’s say you were divorcing your husband or wife. If you have a prospective divorce court case that involves child custody, it will almost always be looked on negatively if you were accused of domestic violence. It could have a huge negative impact on your rights over who sees the child.
If you’re having trouble with a domestic violence case, perhaps we can help. We are Spodek Law Group, and we can help you to win in your domestic abuse case. We have an insider’s knowledge of how to handle these cases, and you can have the charge dismissed or lowered when you have the right lawyer to fight for you. How the lawyer presents the evidence for your case will have a major impact on whether the ruling is favorable or not. Another danger of being the accused of domestic violence is how you can be punished numerous times in a couple different courts. You don’t want an unfavorable judgment and Spodek Law Group has the ability to help you take advantage of what’s available to you.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic