The Gravity of Domestic Violence Charges in New York
Domestic violence charges are extremely serious and can result not only in jail time but also loss of wages, visitation, custody, job and may have other far reaching consequences. What constitutes domestic violence can be confusing and having legal counsel to assist in defending against such allegations or charges is vital.
What is Domestic Violence in New York?
The name domestic violence precludes one to believe that some sort of physical harm is required, yet this is not always true. Most of the time, physical attacks or harm is a vital part of a domestic violence charge. However, there is a multitude of ways one can allege domestic violence against another as listed below:
- Isolation – keeping a partner away from their family, friends, work, and community through physical isolation and lack of communication.
- Economic and/or financial abuse – keeping all the money, not allowing access to checking, savings, or retirement accounts. This includes holding a partner accountable for every penny spent and not allowing them to have access to a job or to any education.
- Verbal, psychological, and emotional abuse – This can amount to a number of things and include, but are not limited to, name calling, bad-mouthing a partner in front of other people, undermining their parenting skills, lying about a partner or telling people in public negative traits about a partner. Criticizing their abilities and undermining a partner is also a common trait of this type of abuse.
- Physical abuse – this is the most common type of domestic violence and the one that is highlighted on television shows, movies, and the media. This includes pushing, hitting, shoving, punching, stabbing, choking or even shooting a partner.
- Intimidation – This may mean instilling fear or trepidation to a partner and threatening them with certain negative and grave consequences that could result in bodily or psychological harm.
- Sexual abuse – forcing a partner to have sexual relations when they decline, making a partner engage in sexual acts they find uncomfortable or do not want to participate in, and/or forcing a partner into prostitution
- Using children – undermining the authority of a partner over their children, threatening to take children away from a partner, kidnapping children away from a partner, and feeding children false information about a partner.
- Minimizing, denying, and/or blaming – making a partner feel as if the problems are their own fault, saying abuse was caused by stress, alcohol, drugs or work, or denying that any problem occurred at all.
Definition of Relationship:
It is important to note that many perceive domestic violence as happening while in a relationship. It is important to note, someone may allege a defendant of domestic violence if the relationship has already ended and may have ended some time ago. Furthermore, domestic violence doesn’t necessarily need to occur between two romantic partners. It can occur between family members as well. The state of New York states that domestic violence crimes happen between members of the same family or household which includes those who are legally married, formerly married, have a child in common, are related by affinity or consanguinity or have been in an intimate relationship even if they are not living together.
Penalties in New York:
Domestic violence charges carry dire consequences under New York law. A conviction of a violent felony offense such as a first-degree assault charge will carry a sentence of five to twenty-five years in prison and may include a $5,000 fine. Offenses such as a third-degree assault, second-degree menacing or criminal obstruction of breathing are classified as a Class A misdemeanor and are punishable with imprisonment of less than one year or a fine up to a $1,000.
Contact Us Today for Help
NYC domestic violence attorney Mark I. Cohen has almost 30 years of experience in defending against domestic violence and assault charges. If you have been accused of such charges, time is of the essence and it is essential if not necessary to have a knowledgeable attorney by your side. Without representation, navigating the family courts can be a daunting and intimidating process. The law offices of Mark I. Cohen can be reached by calling (212) 732 – 0002.