Domestic Violence

Domestic violence is a widespread problem affecting individuals and families of all ages, races, and socioeconomic backgrounds. It refers to any behavior pattern one partner uses to gain power and control over another in an intimate relationship. Domestic violence can take many forms, including physical, emotional, psychological, sexual, and financial abuse.

Physical abuse is the most visible form of domestic violence and includes hitting, punching, slapping, kicking, choking, and using weapons to threaten or harm the victim. Emotional abuse involves behaviors that undermine the victim’s self-worth and confidence, such as name-calling, insults, constant criticism, and humiliation. Psychological abuse may include manipulation, isolation, and coercion, where the abuser uses threats or fear to control the victim.

Sexual abuse involves forcing the victim to engage in sexual activities without their consent or against their will. This may include rape, sexual Assault, or other forms of sexual coercion. Financial abuse is another form of domestic violence where the abuser controls the victim’s access to money, property, and other resources.

Definition of Domestic Violence

In New York, domestic violence is defined as any assault, aggravated Assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Under New York law, family or household members include spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have lived together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.

Domestic violence is taken very seriously in New York, and individuals convicted of domestic violence offenses may face severe legal consequences, including fines, imprisonment, and mandatory participation in counseling or treatment programs.

Types of Domestic Abuse Charges in New York

Domestic abuse charges in New York can encompass a range of criminal offenses that involve violence or threats of violence between intimate partners or family members. Some of the most common types of domestic abuse charges in New York include:

Domestic Assault

In New York, Domestic Assault is a criminal offense that involves intentionally or recklessly causing physical injury to an intimate partner or family member. This charge is classified as a misdemeanor or a felony, depending on the severity of the offense.

To prove a charge of Domestic Assault, the prosecution must show that the defendant intentionally or recklessly caused physical injury to an intimate partner or family member. The victim must be a current or former spouse, a person with whom the defendant has or had a child in common, or someone with whom the defendant has an intimate relationship.

Domestic Assault is classified as a Class A misdemeanor in New York, which carries a penalty of up to one year in jail and a fine of up to $1,000. However, suppose the defendant has a prior conviction for Domestic Assault. In that case, the charge can be elevated to a Class E felony, which carries a penalty of up to four years in prison.

In addition to the possibility of imprisonment and fines, a conviction for Domestic Assault can have other serious consequences, such as a criminal record, loss of employment, and difficulty finding housing or financial aid.

Aggravated Domestic Assault

Aggravated Domestic Assault is a serious criminal offense in New York that involves causing severe physical injury to an intimate partner or family member. This charge is classified as a felony and can carry severe penalties.

To prove a charge of Aggravated Domestic Assault, the prosecution must show that the defendant intentionally caused severe physical injury to an intimate partner or family member. The victim must be a current or former spouse, a person with whom the defendant has or had a child in common, or someone with whom the defendant has an intimate relationship.

The penalties for Aggravated Domestic Assault can vary depending on the case’s specific circumstances and the defendant’s criminal history. A conviction for this charge can result in a sentence of up to 25 years in prison, fines, and other penalties. A conviction for Aggravated Domestic Assault can have other serious consequences, such as a criminal record, loss of employment, and difficulty finding housing or financial aid.

Stalking

Stalking is a criminal offense in New York that involves intentionally or recklessly engaging in the course of conduct that causes fear or emotional distress to another person. This behavior can include repeatedly following, harassing, or threatening another person in person, online, or through other means of communication.

To prove a charge of stalking, the prosecution must show that the defendant engaged in the course of conduct that caused fear or emotional distress to the victim. The behavior must have occurred on two or more occasions and been intentional or reckless.

Stalking is classified as a Class A misdemeanor in New York, which carries a penalty of up to one year in jail and a fine of up to $1,000. However, if the defendant has a prior conviction for stalking, the charge can be elevated to a Class E felony, which carries a penalty of up to four years in prison.

Harassment

Harassment is a criminal offense in New York that involves intentionally or recklessly subjecting another person to physical or verbal abuse, threats, or intimidation. This behavior can include repeatedly calling, texting, emailing, or otherwise contacting someone in a manner that is intended to harass, annoy, or alarm them.

To prove a charge of harassment, the prosecution must show that the defendant intended to harass, annoy, or alarm the victim and that the behavior was objectively likely to do so. The conduct must also have been repeated and unwanted.

Harassment is classified as a violation, a less severe offense than a misdemeanor or a felony. A conviction for harassment can result in a fine of up to $250 and/or up to 15 days in jail.

Menacing

Menacing is a criminal offense in New York that involves intentionally or recklessly putting another person in fear of physical harm. This behavior can include making threats, brandishing a weapon, or engaging in other behavior that is likely to cause fear.

To prove a charge of menacing, the prosecution must show that the defendant intended to put the victim in fear of physical harm and that the victim was actually in fear. The behavior must be objectively threatening and have been done to intimidate or cause fear.

Menacing is classified as a misdemeanor in New York, which carries a penalty of up to one year in jail and a fine of up to $1,000. However, if the defendant used a weapon to commit the offense, the charge can be elevated to a felony, which carries more severe penalties.

Strangulation

Strangulation is a criminal offense in New York that involves intentionally obstructing someone’s breathing or circulation by applying pressure to their throat or neck. This behavior can result in serious injury or even death.

To prove a charge of strangulation, the prosecution must show that the defendant intentionally applied pressure to the victim’s throat or neck, causing them to experience a lack of oxygen. The behavior must have been done to cause injury or fear, and the victim must have experienced some form of physical harm.

Strangulation is classified as a felony in New York, which carries a penalty of up to 25 years in prison and a fine of up to $5,000. The penalties can be even more severe if the strangulation results in serious injury or death.

The specific charges and penalties for domestic abuse in New York can vary depending on the offense’s severity, the defendant’s criminal history, and other factors. Suppose you are facing domestic abuse charges in New York. In that case, it’s essential to seek the help of an experienced criminal defense attorney who can provide guidance and representation throughout the legal process.

At Viscosi Law, our team of skilled attorneys has the knowledge and experience necessary to defend your rights and interests and work to achieve the best possible outcome for your case. We understand the seriousness of domestic abuse charges and will fight to protect your future and your freedom.

Possible Defenses

There are several defenses that may be raised in domestic violence cases in New York. Some of these defenses include:

Self-Defense: If the defendant can prove that they were acting in self-defense, they may be able to avoid conviction. Self-defense can be used as a defense if the defendant reasonably believed that they were in imminent danger of harm and used reasonable force to protect themselves.
Lack of Evidence: The prosecution is burdened to prove the defendant’s guilt beyond a reasonable doubt. If the prosecution cannot meet this burden, the defendant may be found not guilty.
False Allegations: In some cases, the victim may make false allegations of domestic violence. If the defense proves the allegations are wrong, the defendant may be found not guilty.
Mistaken Identity: If the defendant can show that they were not the person who committed the domestic violence offense, they may be able to avoid conviction.
Consent: If the victim consented to the alleged domestic violence, the defendant might be able to avoid conviction. However, it is essential to note that consent is not a defense in cases of certain types of domestic violence, such as sexual Assault.
Alibi: If the defendant can prove that they were not present at the location of the alleged domestic violence offense, they may be able to avoid conviction.
Police Misconduct: If the police engaged in misconduct during the investigation or arrest of the defendant, such as violating the defendant’s constitutional rights, the charges against the defendant might be dismissed.

Every domestic violence case is unique, and the specific defenses available will depend on the specific facts and circumstances of the case.

Possible Sentences for Domestic Violence in New York

Domestic violence is a severe offense in New York. The penalties for conviction can vary depending on the severity of the crime, the defendant’s criminal history, and other factors. Here are some possible sentences for domestic violence in New York:

For a misdemeanor domestic violence offense, the defendant may face up to one year in jail and/or a fine of up to $1,000.
For a felony domestic violence offense, the defendant may face up to several years in prison and/or a fine of up to $5,000.
If the domestic violence offense involves serious physical injury or weapon use, the defendant may face more severe penalties, including longer prison sentences and higher fines.
In addition to the criminal penalties, a domestic violence conviction can result in a restraining order, loss of custody or visitation rights, and other restrictions on the defendant’s behavior.
In some cases, the defendant may be required to attend counseling or complete a domestic violence intervention program as a condition of their sentence.

Every case is different, and the specific penalties for a domestic violence conviction will depend on the unique circumstances of each case.

At Viscosi Law, our team of skilled attorneys has the knowledge and experience to defend your rights and interests and work to achieve the best possible outcome for your case. We understand the seriousness of domestic violence charges and will fight to protect your future and your freedom.

Viscosi Law is Uniquely Qualified to Help You

Viscosi Law takes a client-focused approach to representation, meaning that they prioritize the needs and goals of their clients throughout the legal process. They understand that facing domestic violence charges can be a stressful and overwhelming experience, and they strive to make the process as smooth and transparent as possible.

The firm’s domestic violence defense strategies are tailored to each client’s case, and they work closely with clients to develop a defense strategy appropriate for their unique situation. They are well-versed in the various defenses available in domestic violence cases, such as self-defense, lack of evidence, false allegations, and police misconduct.

Viscosi Law is committed to protecting the rights and interests of its clients and is dedicated to achieving the best possible outcome in each case. They are highly skilled negotiators and litigators and are not afraid to take a case to trial if necessary.

Viscosi Law is uniquely qualified to help individuals facing domestic violence charges in New York. Their experience, expertise, and commitment to their clients make them a top choice for those needing skilled and compassionate legal representation.