As you know, an allegation of domestic violence can have devastating impacts on a person’s life. Not only can it warrant years of incarceration, high fines, and other legal and financial penalties, but it can also tarnish, or even ruin a person’s reputation. If you are currently accused of committing an act of domestic violence, you need a team of dedicated Suffolk County domestic violence lawyers in your corner. Fortunately, you are in the right place. Contact Castro & Trodden, LLC today to schedule your initial consultation with our firm.
Domestic Violence Lawyers: Here to Protect Your Reputation & Future
Are you accused of committing an act of domestic violence? If so, you need a dedicated Suffolk County criminal defense lawyer in your corner who can protect you. Castro & Trodden, LLC has decades of experience representing individuals accused of domestic violence, and we are here to put that experience to work for you in your case as well.
Domestic Violence Defined Under NY Law
In New York, domestic violence is not classified as a single, specific crime. Instead, it is an umbrella term that encompasses various criminal offenses committed between individuals in a domestic relationship. Under the state’s Domestic Violence Prevention Act, domestic violence charges can apply to incidents involving spouses, former spouses, intimate partners, individuals who share a child, or even certain family members, such as parents, children, and siblings.
Acts that may constitute domestic violence include, but are not limited to:
- Assault: Physically harming or attempting to harm a family or household member.
- Menacing: Threatening another person with imminent harm.
- Harassment: Engaging in repeated behavior intended to alarm, annoy, or threaten a person.
- Stalking: Repeatedly following, monitoring, or contacting a person in a manner that causes them to fear for their safety.
- Strangulation: Impeding another person’s ability to breathe by applying pressure to their neck or covering their nose or mouth.
- Sexual misconduct or abuse: Engaging in non-consensual sexual acts or forcing another person into unwanted sexual contact.
- Endangering the welfare of a child: Placing a child at risk of harm due to domestic violence.
It is important to note that domestic violence cases in New York are typically prosecuted aggressively, and even if an alleged victim does not wish to press charges, the state may proceed with prosecution if law enforcement believes sufficient evidence exists. If you are facing domestic violence allegations, having a skilled criminal defense lawyer on your side is essential.
Penalties for Domestic Violence Charges in New York
The penalties for domestic violence charges in New York vary depending on the severity of the alleged offense and whether it is classified as a misdemeanor or felony. If convicted, potential consequences may include the following:
- Jail or prison time:
- Misdemeanor domestic violence charges can result in up to one year in jail.
- Felony charges may lead to multiple years in state prison, with sentences ranging from several years to 25 years or more, depending on the crime (e.g., felony assault, strangulation, or aggravated sexual offenses).
- Fines: Fines for domestic violence convictions can range from hundreds to thousands of dollars, depending on the severity of the offense.
- Orders of Protection (Restraining Orders): Courts frequently issue orders of protection, which can bar the accused from contacting the alleged victim, returning home, or seeing their children. Violating a protective order is a separate criminal offense.
- Probation: Instead of or in addition to jail time, some individuals may be sentenced to probation for up to five years, during which they must comply with strict conditions.
- Mandatory counseling or intervention programs: Courts often require defendants to complete batterers’ intervention programs, anger management courses, or substance abuse treatment as part of their sentence.
- Loss of firearm rights: A domestic violence conviction can result in the loss of firearm ownership rights, even for misdemeanor offenses.
- Impact on child custody and visitation: Family courts may restrict or revoke custody or visitation rights if a parent is convicted of domestic violence.
- Deportation or immigration consequences: Non-citizens convicted of domestic violence may face deportation or denial of immigration benefits, including green card renewal or naturalization.
- Permanent criminal record: A domestic violence conviction remains on your record permanently, potentially affecting employment opportunities, housing applications, and professional licensing.
Defenses Used in Domestic Violence Cases
Of course, the specific defense that we will use in your case will depend largely on the circumstances of your charge. However, some of the most common defenses used in domestic violence cases include:
- Self-defense, or defending another family member
- False accusation, meaning the allegation of a violent act was entirely fabricated
- Mental illness
- Consent
- Lack of evidence, in cases where there is insufficient evidence to prove that a person actually committed an act of domestic violence
Contact Our Long Island Criminal Defense Lawyers
If you’re facing accusations of domestic violence, the time to act is now. Do not stand idly by and face these charges on your own. Contact the strong and competent domestic violence lawyers at Castro & Trodden, LLC today.
