New York Domestic Violence Attorney

Aggressive Defense Against Domestic Violence Charges by a Former NYC Prosecutor

If you have faced a domestic violence arrest in New York City, it is important to act soon and protect your legal rights. From potential jail time to the long-lasting impact on your personal and professional reputation, it’s essential to approach these cases with a strategic defense.

The Law Offices of Mehdi Essmidi can help you fight for the best possible outcome. Mehdi Essmidi is a former New York City Prosecutor, and he uses his knowledge of prosecution methods to provide an aggressive defense for his clients. Contact us today for a free consultation.

Domestic Violence Charges in New York City

When a domestic violence call is made in New York City, it often leads to an arrest, even in cases of misunderstandings. New York’s “must arrest” policies mean that if there’s any indication of conflict, police are likely to make an arrest, even without strong evidence of harm.

Once arrested, many individuals find themselves facing a Temporary Order of Protection. This order can bar the accused from their own home, limit their contact with their children, and disrupt family dynamics, all before you’ve even had a chance to tell your side of the story.

The process can seem stacked against those accused from the beginning, with the initial arrest and protection order setting up immediate restrictions, highlighting the need for experienced domestic violence lawyers.

New York Domestic Violence Laws

Domestic violence offenses can be prosecuted under many laws depending on the type and severity of the incident. New York has very specific policies related to domestic violence. Below, we outline the most common charges associated with domestic violence cases in New York.

Assault

Assault charges involve causing physical injury or attempting to cause physical injury to another person. In New York, you can be charged with several types of assault in a family violence case, depending on the severity of the misconduct and whether a weapon was used.

Assault charges in domestic violence cases may include:

NY Penal Law 120.00 – Third Degree Assault – Class A Misdemeanor
NY Penal Law 120.02 – Reckless Assault of a Child – Class D Felony
NY Penal Law 120.05 – Second Degree Assault – Class D Felony
NY Penal Law 120.10 – First Degree Assault – Class B Felony

Harassment

Harassment is defined as any communication, physical conduct, or gesture intended to annoy, alarm, or threaten another person. It can be charged in connection with a domestic violence matter when someone knowingly engages in behavior that causes fear of harm to the other party.

Harassment charges in domestic violence cases may include:

NY Penal Law 240.26 – Harassment in the Second Degree – Violation
NY Penal Law 240.25 – Harassment in the First Degree – Class B Misdemeanor
NY Penal Law 240.30 – Aggravated Harassment in the Second Degree – Class A Misdemeanor
NY Penal Law 240.31 – Aggravated Harassment in the First Degree – Class E Felony

Criminal Contempt (Ignoring Orders of Protection)

Violating an order of protection can result in criminal contempt charges.

Criminal Contempt charges in domestic violence cases may include:

NY Penal Law 215.50 – Criminal Contempt in the Second Degree – Class A Misdemeanor
NY Penal Law 215.51 – Criminal Contempt in the First Degree – Class E Felony
NY Penal Law 215.52 – Aggravated Criminal Contempt – Class D Felony

Intimidating a Victim or Witness

The law prohibits any conduct that is intended to cause fear, harm, or injury to another person for the purpose of influencing their testimony in court.

Intimidating a victim or witness charges in domestic violence cases may include:

NY Penal Law 215.15 – Intimidating a Victim or Witness in the Third Degree – Class E Felony
NY Penal Law 215.16 – Intimidating a Victim or Witness in the Second Degree – Class D Felony
NY Penal Law 215.17 – Intimidating a Victim or Witness in the First Degree – Class B Felony

Menacing

Menacing is defined as putting another individual in fear of physical injury or death. It can be charged when one threatens the other party with physical harm, either verbally or through their conduct.

Menacing charges in domestic violence cases may include:

NY Penal Law 120.15 – Menacing in the Third Degree – Class B Misdemeanor
NY Penal Law 120.14 – Menacing in the Second Degree – Class A Misdemeanor
NY Penal Law 120.13 – Menacing in the First Degree – Class E Felony

Stalking

Stalking is defined as engaging in a course of conduct that puts another person in reasonable fear for their safety. Stalking can include making repeated phone calls, following the other party, or sending unwanted gifts.

Stalking charges in domestic violence cases may include:

NY Penal Law 120.45 – Stalking in the Fourth Degree – Class B Misdemeanor
NY Penal Law 120.50 – Stalking in the Third Degree – Class A Misdemeanor
NY Penal Law 120.55 – Stalking in the Second Degree – Class E Felony
NY Penal Law 120.60 – Stalking in the First Degree – Class D Felony

Strangulation

Strangulation is defined as intentionally impeding the breathing or blood circulation of another person. This type of crime can result in serious physical injury and even death and can carry significant jail time if convicted.

Strangulation charges in domestic violence cases may include:

NY Penal Law 121.11 – Obstruction of Breathing or Blood Circulation – Class A Misdemeanor
NY Penal Law 121.12 – Strangulation in the Second Degree – Class D Felony
NY Penal Law 121.13 – Strangulation in the First Degree – Class C Felony

Penalties for Domestic Violence

In New York, domestic violence is not classified as a distinct crime but encompasses various offenses committed against family or household members. A conviction can result in fines, probation, lost firearm privileges, and jail or prison.

A conviction will likely result in an order of protection. This is why it is vitally important to retain skilled representation as soon as you are charged. An experienced NYC domestic violence lawyer can help you make sound choices about your future and family.

Orders of Protection in Domestic Violence Cases

An order of protection is a court-issued document designed to keep alleged abusers away from victims. It can include orders prohibiting contact with the victim, as well as restricting access to their home and workplace. The defendant may also be required to attend counseling, submit to drug testing, or surrender firearms.

These orders are commonly included as a part of domestic violence cases. An order of protection issued under NY State Criminal Procedure Law 530.12 alleging a domestic violence crime could also be obtained through the New York State Family Court. The two courts hold concurrent jurisdiction over family offenses.

Violation of Orders of Protection

Violating an order of protection is a serious offense that can lead to severe legal consequences. Violations can occur through direct contact, indirect communication, or coming within a prohibited distance of the protected person. Even seemingly minor actions like sending a text message or driving past the protected person’s home can constitute a violation.

Consequences for violating an Order of Protection in New York may include:

Criminal Contempt charges (misdemeanor or felony)
Potential jail time
Substantial fines
Enhanced charges if the violation involves further acts of violence
Negative impact on ongoing family court proceedings

If you’re facing charges for violating an Order of Protection, it’s crucial to seek immediate legal representation. An experienced domestic violence attorney can help protect your rights and build an appropriate defense strategy based on the specific circumstances of your case.

Crawford Hearings

A Crawford Hearing can be an effective legal maneuver when domestic violence cases involve property interest rights, particularly for individuals accused of domestic disputes who face potential housing restrictions. A Crawford Hearing may be an opportunity to make sure accused individuals are not unjustly barred from their homes, raising awareness about due process in property rights even amid domestic conflict. We work nonstop so that your property interests are protected when there is no clear legal basis for eviction or restriction.

Common Defenses Against Domestic Violence Charges

There are several defenses that may be used in a domestic violence case in New York City. These defenses may challenge the evidence against the accused or argue that the accused had a justifiable reason for their actions. Some common defenses against domestic violence charges in NYC include:

Self-Defense

This defense may be used if the accused acted in self-defense or defense of another person. In order to successfully use this defense, the accused must show that they had a reasonable belief that they or someone else was in imminent danger of bodily harm and that the use of force was necessary to prevent that harm.

Lack of Intent

This defense may be used if the accused did not intend to commit a violent act. In order to successfully use this defense, the accused must show that they did not have the specific intent to cause harm and that the act was accidental.

False Accusation

This defense may be used if the accused believes that they have been falsely accused of domestic violence. In order to successfully use this defense, the accused must provide evidence that they did not commit the act of violence.

Crawford Hearing

A Crawford hearing can serve as a critical defense in domestic violence cases, particularly when the evidence against the accused relies heavily on out-of-court statements. During a Crawford Hearing, the court evaluates whether certain statements made by witnesses outside the courtroom can be admitted as evidence, as well as if the scope of orders of protection may violate property interests.

Get Help From Experienced Domestic Violence Defense Attorneys

If you have been arrested for a domestic violence offense, it is important to seek a New York domestic violence lawyer as soon as possible. An experienced attorney can help protect your rights and fight to get the best possible outcome in your case. Contact us today for a free consultation.

Frequently Asked Questions

What constitutes domestic violence under New York law?

Domestic violence in New York includes physical harm, sexual abuse, harassment, and actions causing reasonable fear of injury to family members or household members. These offenses can include assault, sexual assault, strangulation, and reckless endangerment.

What should I do if I’m falsely accused of domestic violence?

If you’re accused of domestic violence, it’s crucial to:

Remain calm and avoid contact with the alleged victim
Document everything related to the false allegations
Gather evidence to support your case
Contact an experienced domestic violence attorney

False accusations can have serious consequences, and a NY domestic violence lawyer can help protect your rights and build a strong defense.

How can a domestic violence attorney help me?

A New York domestic violence attorney can:

Provide legal representation
Develop defense strategies tailored to your case
Challenge false allegations and protect you from wrongful conviction
Negotiate with the district attorney’s office
Assist with related matters such as restraining orders

Can domestic violence charges be dropped?

While the alleged victim can request charges to be dropped, the final decision rests with the prosecutor. In New York, the district attorney’s office often pursues these cases even if the complainant wants to withdraw.

Can I claim self-defense in a domestic violence case?

Yes, self-defense can be a valid legal strategy in domestic violence cases. Your attorney can help establish that your actions were necessary to protect yourself from imminent physical harm.

How might a domestic violence charge affect my child custody rights?

A domestic violence conviction can impact child custody proceedings. Courts consider the best interests of the child, and a history of domestic violence is a major factor in these decisions. It may result in supervised visitation or loss of custody rights.