NYC Domestic Violence Lawyers
New York Domestic Violence Laws
The rate of domestic violence is on the rise at an alarming pace. There have been many celebrity cases, which involve domestic violence, that have plagued the media, New York police, and other law enforcement agencies throughout the United States. In addition, prosecutors are under pressure to prosecute those accused of domestic violence to the full extent of the law.
The term domestic violence can describe any crime that involves two individuals who are in a domestic relationship, reside in the same home, or are family members. There are many types of domestic violence that include harassment, rape, murder, stalking, and other crimes. Victims of domestic violence may include a husband, boyfriend, girlfriend, wife, child, parent, or any other person living in the same residence.
Although domestic violence is a serious problem, prosecutors are often so determined to peruse the accused so aggressively that they are known to make mistakes in these types of cases. If you have been charged with domestic violence, the sooner you consult with an attorney is the sooner that you can start to build a strong defense against the criminal charge.
Because New York law doesn’t have a specific crime for domestic violence, an individual can’t be charged with domestic violence. The term is fairly broad, as it can occur between many different groups of people. Although many individuals believe that men are primarily charged with domestic violence, many women in New York face domestic violence charges every year.
What are the Consequences if an Individual is Convicted of a Domestic Violence Charge?
When an individual is arrested and charged with a crime that directly involves two people who reside in the same house, an order of protection will be issued to the accused by the court. This order is to ensure victims are kept safe from harassment, threats, abuse, and other forms of violence. In addition, other protections and restrictions may be issued to make certain the victim is safe. An example may include a situation that requires the accused avoid all contact with the victim, and they may also be required to pay child support, medical bills, and more.
If an individual is convicted of a crime that is due to domestic violence, the consequences can range from probation to a life sentence in prison. The length of the sentence is based on the charge. The least serious domestic violence offenses will result in a disorderly conduct charge, which is classified under New York law as a violation. The maximum possible sentence for a violation is 15 days in jail along with a $250 fine. However, most crimes that are related to domestic violence are classified as a felony or misdemeanor.
The following outlines the sentence possibilities if convicted of a crime that is related to domestic violence:
Class B misdemeanor – a maximum jail sentence up to 90 days and a maximum fine of $500;
Class A misdemeanor – a maximum jail sentence up to one year and a $1,000 fine;
Class E felony – a maximum sentence of four years in prison and a $5,000 fine;
Class D felony – a maximum prison sentence up to seven years and a $5,000 fine;
Class C felony – a maximum prison sentence up to 15 years and a $15,000 fine;
Class B felony – a prison sentence of 25 years and a $30,000 fine.
Class A-II felony – a maximum sentence of life in prison and a $50,000 fine;
Class A-I felony – life in prison with a fine up to $100,000.
Not only will those convicted possibly have to serve a jail or prison sentence, participate in probation, and pay a costly fine, if the crime was related to a sex violation, it could result in the accused having to register as a sex offender. According to New York law, sex offenders are required to register for 20 years following their conviction. In addition, there are some instances where individuals will have to remain in the registry for the rest of their lives. If you are a registered sex offender in New York, you will not be allowed to move out of the state without informing the Department of Criminal Justice Services. Once you have moved, you must adhere to the local jurisdiction’s sex offender rules on registration requirements. In addition, you may be required to visit a local police station to have your photograph taken every three years. Registered sex offenders also have to inform police of their address and employer. When an individual fails to adhere to these rules, it could lead to a Class D felony charge that will result in prison time.
If you are charged with a crime because of domestic violence, you should seek guidance from a criminal defense attorney who has experience with these types of cases. An attorney can help ensure your rights are protected.
May 17, 2018
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