Bronx Domestic Violence Lawyer

What Is Considered Domestic Violence in New York?

In New York, domestic violence is an offense committed when you carry out a criminal act against your family or household member. The various types of domestic abuse may include economic oppression, threats, neglect, physical violence, and other forms of harm against a person with whom you are living or in a relationship. 

Because different types of criminal offenses could be considered domestic violence, various penalties could be meted out depending on the facts of the situation. Our firm goes to extreme lengths to investigate all aspects of our clients' charges and to build detailed defenses that are substantiated by the evidence we gather and analyze.

If you've been charged with this crime and convicted, you could be looking at jail or prison time and/or fines. Therefore, it is important that you have skilled legal assistance on your side that can help you to effectively pursue the outcome that you need in your situation. At The Law Offices of Elliot S. Kay, we have years of practice in serving the residents of New York City in various criminal defense matters. 

You can count on our Bronx criminal attorney for the skillful and aggressive representation you need to investigate the evidence and seek a favorable result on your behalf, such as getting charges reduced or dismissed. When you choose to work with us, you can be sure that we will work to develop a strong legal strategy on your behalf, and that we will stand by you from the start of your case to its conclusion.

To learn about your legal options, call (646) 759-9233 or reach out online to schedule a FREE consultation with our Bronx domestic violence attorney.

Who Is Considered a Family or Household Member in New York?

As mentioned before, you could be accused of domestic violence if you commit a crime against a family or household member in New York.

New York law specifically defines the types of individuals who could be victims of domestic violence, which include:

• Relatives By Blood
• Relatives By Marriage
• Former Spouses (regardless of whether or not they are still living together)
• People Who Have a Child Together
• Non-relatives Who Live Together (whether currently or formerly)
• Dating Couples (regardless of whether or not they live together)

By clearly defining these relationships, the law aims to provide protection across various circumstances, ensuring that individuals can seek legal redress irrespective of the traditional notions of family.

What are Common Types of Offenses That Can Lead to a Domestic Violence Charge in the Bronx?

If you carry out a criminal act against a family or household member in the Bronx, you could be charged with domestic violence. In New York, any conduct that either causes physical or emotional harm or threatens to have such consequences could lead to allegations of a domestic violence offense.

Crimes that could be charged as domestic violence include, but are not limited to:

• Assault
• Disorderly conduct
• Forcible touching
• Harassment
• Identity theft
• Reckless endangerment
• Sexual abuse
• Sexual misconduct
• Stalking
• Strangulation

These offenses range from physical attacks to emotional manipulation, highlighting the varied forms domestic violence can take. Each charge has unique legal implications and requires a thoughtful approach to effectively represent the accused while also adhering to the strict legal frameworks established to protect victims. Understanding the specific nature of the charges helps in developing appropriate defense strategies and could significantly impact the outcome of legal proceedings.

What are the Criminal Penalties for Domestic Violence in New York?

The consequences for domestic violence charges vary based on the specific offense, the presence of any aggravating factors, and whether the defendant has a prior criminal record. A Bronx domestic violence lawyer can help you understand the exact penalties you may be facing and how to fight for the most favorable outcome.

Common domestic violence-related charges and their associated penalties include:

Assault in the Third Degree (NY Penal Law § 120.00)

• Class A misdemeanor
• Up to 1 year in jail
• Probation for 3 years
• Fines and mandatory surcharges

Assault in the Second Degree (NY Penal Law § 120.05)

• Class D felony
• Up to 7 years in prison
• Mandatory post-release supervision
• Possible no-contact orders or treatment requirements

Aggravated Harassment in the Second Degree (NY Penal Law § 240.30)

• Class A misdemeanor
• Up to 1 year in jail
• Criminal record that can impact future employment and housing

Alternatives to Criminal Conviction

For some clients, alternative outcomes may be available, especially for first-time offenders. These may include:

• Adjournment in Contemplation of Dismissal (ACD) – The case is postponed, and if no further issues arise within six months or a year, it is dismissed.
• Pretrial Diversion Programs – Counseling, anger management, or rehabilitation in lieu of conviction.
• Plea Agreements – Negotiated reduction in charges to avoid the harshest penalties.

These options aren’t available in every case, but a Bronx domestic violence attorney will evaluate your eligibility and advocate for the most favorable resolution.

What are the Collateral Consequences of a Domestic Violence Conviction in New York?

If you're found guilty of domestic violence, you could be subject to criminal penalties, such as jail or prison time, probation, or fines. However, the effects of a conviction don't just end there. You could also face collateral consequences. These are punishments that are not directly imposed by the court but are indirect outcomes.

A domestic violence conviction could affect the ability to:

• Obtain or Retain Housing
• Qualify for Government Benefits
• Find Employment in Certain Fields
• Lawfully Possess a Firearm
• Obtain Federal Financial Aid for Higher Education

Beyond the immediate legal penalties, the collateral consequences of a domestic violence conviction can pervade all aspects of life. The stigma attached to a conviction can create lifelong barriers, adversely affecting personal relationships and financial stability. This holistic impact underscores the importance of a strong legal defense, aiming not only to contest the charges but to safeguard the future wellbeing of the individual accused.

How Can a Bronx Domestic Violence Lawyer Assist in Your Defense?

Retaining experienced legal counsel in the Bronx domestic violence matters can be pivotal in ensuring your rights are upheld. Our team at The Law Offices of Elliot S. Kay is intimately familiar with the nuances of local court systems, procedures, and the judges who will hear your case. This local knowledge is advantageous as it allows us to tailor defense strategies that resonate effectively within the community’s legal environment.

Our firm's approach encompasses thorough investigative processes combined with compassionate client care. We understand the emotional and legal toll such charges can have on individuals and their families. By committing to clear communication and providing strategic legal direction, we aim to alleviate the burden and stress associated with domestic violence cases. Our goal is to secure a resolution that reflects your best interests, potentially involving outcomes such as reduced charges or alternative dispute resolutions.

Defending Your Domestic Violence Charge in the Bronx Court

We offer a free case evaluation, allowing you to obtain some legal insight before making a financial commitment to our firm. Your situation is important to us; let us put our skills and experience to work for you to safeguard your rights.

Defending a domestic violence charge requires meticulous preparation and an understanding of the legal nuances at play. We place a strong emphasis on gathering all relevant evidence and scrutinizing every detail to construct a compelling defense. By focusing on the specific circumstances surrounding each charge, we are able to structure defenses that not only challenge the prosecution’s case but also highlight mitigating factors that may exist. This approach ensures that your side of the story is heard clearly and effectively in court.

Call our Bronx domestic violence attorney from The Law Offices of Elliot S. Kay today at (646) 759-9233 to discuss your case. You can also fill out an online contact form, and we'll respond promptly.

Common Questions About Domestic Violence Cases in the Bronx

What Should I Do If I'm Arrested for Domestic Violence in the Bronx?

If you are arrested on grounds of domestic violence in the Bronx, it is critical to remain calm and comply with police instructions. Once you are able, contact an attorney experienced in domestic violence cases. Legal counsel can guide you on your rights, potential defenses, and the procedures that will follow. Avoid making statements without your attorney present, as what you say could be used in court proceedings.

How Can a Domestic Violence Charge in the Bronx Affect My Future?

Being charged with domestic violence can have far-reaching effects beyond criminal penalties. It can impact your employment opportunities, housing options, and relationships. A conviction could affect your parental rights, financial stability, and social standing. Legal representation is vital to minimize these impacts and protect your future interests by navigating the nuances of your case effectively.

Are Restraining Orders Automatic in the Bronx Domestic Violence Cases?

In the Bronx, restraining orders, also known as orders of protection, can be requested during domestic violence proceedings. Whether issued automatically depends on the circumstances of the case and perceived threat level. Restraining orders aim to protect victims from further harm, potentially limiting your contact and movement. Violating an order can lead to additional legal consequences.

Can Domestic Violence Charges Be Dropped in New York?

While the complainant's input is considered, only the prosecutor has the authority to drop domestic violence charges in New York. Prosecutors wield discretion based on the evidence and case specifics. An experienced lawyer can negotiate with prosecutors on your behalf, presenting mitigating circumstances or highlighting evidentiary inadequacies to influence their decision.

How Long Does a Domestic Violence Case Take in the Bronx?

The duration of a domestic violence case varies based on its complexity, the court’s schedule, and whether it goes to trial. Some cases may resolve quickly through settlements or dismissals, while others could take months or longer if contested in court. Engaging a knowledgeable attorney ensures efficient case management, potentially accelerating proceedings by addressing delays proactively.