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Domestic Violence Charges: 3 FAQs


As criminal defense attorneys, we understand that domestic violence charges can be scary to handle. Whenever someone is arrested and charged with domestic violence, they will have so many questions. In today’s article, we answer three commonly asked questions about domestic violence arrests and charges. It is crucial that as you go through the answers to these questions, you keep in mind that there are no one-size-fits-all answers. If you feel that a particular answer is not satisfactory, it would be best for you to consult a domestic violence lawyer. As an experienced NYC criminal defense attorney and former prosecutor, you can rely on Marc I. Cohen to provide you with more in-depth answers to your questions. You can also rely on the skilled Mark Cohen for representation if you are facing a domestic violence charge.

Commonly Asked Questions About Domestic Violence Charges

Below are the three frequently asked questions about domestic violence charges that are the focus of this article.

How Does New York Define Domestic Violence?

Legally speaking, there is no specific crime of “domestic violence” in the state of New York. Instead, domestic violence refers to different crimes such as:

  • Assault
  • Stalking
  • Harassment
  • Aggravated harassment
  • Sexual abuse
  • Sexual assault
  • Menacing
  • Reckless endangerment
  • Battery
  • Disorderly conduct
  • Restraining order violation
  • Intimidation
  • Threats
  • Coercion

Additionally, domestic violence is generally handled as a “family offense.” The familial relations that New York recognizes include:

  • Individuals who are legally married
  • Individuals related by affinity or blood
  • Individuals who have a child in common
  • Individuals who were legally married
  • Individuals in an intimate relationship

What Are the Punishments of Domestic Violence Crimes in New York?

Ordinarily, the penalties of a domestic violence crime depend on the circumstances, an offender’s history, and many other factors. However, if you are declared guilty of a violation, such as disorderly conduct, you can expect to spend up to fifteen days in prison and pay a fine. On the other hand, if convicted of a class A misdemeanor such as third-degree assault, you can expect to spend up to one year in jail and pay a monetary fine of up to $1,000.

What Should I Do After Being Arrested and Charged With Domestic Violence?

If you have been arrested and charged with domestic violence, you should speak to a defense attorney as soon as possible. The things you say to the police in the absence of your attorney can be used against you, so it would be wise for you to reach out to an attorney and to let them speak on your behalf. Often, the police will tell a suspect that talking will give them a chance to tell their side of their story. But, the police usually only do so to gather details that can help them build a case against a suspect. It would also be best for you to avoid talking to your friends, family, or other arrestees about your case after your arrest.

Contact an NYC Domestic Violence Attorney

If you are in or around NYC and stand accused of committing a domestic violence crime, contact the experienced NYC domestic violence attorney Mark I. Cohen to maximize your chances of preserving your freedom, reputation, and assets.


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