New York Domestic Violence Lawyers 

Defending Clients Charged With Domestic Violence 

Being arrested and charged with a domestic violence crime can be a life-changing event. The penalties you will face will depend on the severity of the charge against you. These penalties can be harsh and can affect many aspects of your life. They can lead to jail or prison time, fines, restraining orders filed against you, and other consequences. With a strong defense strategy, you may avoid such penalties, even if the other party has no wish to press charges or has recanted their accusations. Once charges have been filed against you, the case will be in the hands of the prosecutor, who will have complete discretion regarding how it will proceed.

Why Hire Us?

Retaining the services of a skilled and proven defense attorney at this juncture is imperative if you wish to have the best chance of a favorable outcome. You will want someone in your corner dedicated to your best interests only and with the knowledge and experience to present you in the best possible light before the court. At Hamilton Clarke, LLP, you can bring your case to a legal team that has repeatedly demonstrated its competence for clients facing domestic violence and other criminal charges throughout New York City. Our team is backed by more than 50 years of criminal defense experience that puts you as the client front and center in a personalized approach. We understand what is at stake for those accused of domestic violence offenses and put forth our best effort in investigating, analyzing, and building a defense strategy for positive results.

New York's Domestic Violence Laws 

Domestic violence is a serious issue in New York, and the state has enacted laws to protect victims and punish offenders. Domestic violence refers to a range of behaviors that involve physical, emotional, or sexual abuse by one intimate partner against another. In New York, domestic violence can include assault, harassment, stalking, and other forms of abuse. Victims of domestic violence have legal options, including obtaining orders of protection, which can prohibit their abuser from contacting or coming near them. Additionally, the state has established programs and resources to assist victims in finding safety and support. If you have been accused of domestic violence, it's essential to understand your rights and the potential consequences of a conviction. A knowledgeable domestic violence attorney in New York can help you navigate the legal process and protect your interests throughout your case.

Examples of Domestic Violence

Domestic violence offenses can include both misdemeanors and felonies, including but not limited to:

• Assault, such as second and third-degree assault causing substantial pain or felonies involving the use of a dangerous weapon or serious injury
• Second-degree aggravated harassment; harassing an alleged victim through repeated contact that has no purpose other than to scare or annoy
• Stalking crimes, such as following the alleged victim that instills fear for one’s safety
• Menacing crimes, in which threats of injury are made
• Revenge porn offenses, in which unlawful publication of an intimate photo is made for others to see
• Endangering the welfare of a child; this can include hitting, punching, etc., engaging in drug-related activity around a child, and more
• Criminal mischief, such as destroying personal property of the alleged victim; charges will be based on the value of the damages committed
• Strangulation in which placing your hands around the alleged victim’s neck with even slight pressure could qualify

What Are the Penalties for Domestic Violence in New York?

Penalties for these crimes can range from under a year in jail to 50 years in prison, with fines ranging from $1,000 to $5,000. Additional penalties can include community service, completion of an anger-management program, restitution to the victim for any medical expenses or other damages, and other court-ordered actions. Furthermore, you may be subject to the terms of a restraining order because courts err on the side of caution when protecting alleged victims and their families from harm. A restraining order can result in the necessity to vacate your home, prohibit you from any contact with the victim or your children, and other conditions.

A domestic violence charge can have other consequences depending on your circumstances, such as putting professional licenses and certifications in danger, posing immigration problems for noncitizens, and resulting in a permanent criminal record that can damage future employment and more.

Can the Victim Drop Domestic Violence Charges?

In New York, the decision to drop domestic violence charges is not up to the victim but to the prosecutor handling the case. This is because domestic violence charges are criminal, not civil, and the victim is considered a witness in the case rather than the plaintiff. Once charges have been filed, the prosecutor is responsible for pursuing the case and determining whether or not to drop the charges.

It is important to note that even if the victim does not want to press charges, the prosecutor may still pursue the case. This is because domestic violence is considered a severe crime in New York, and the state is strongly interested in protecting victims and holding offenders accountable. In some cases, the prosecutor may proceed with the case without the victim's cooperation, using other forms of evidence such as witness testimony, police reports, and medical records.

However, if the victim is reluctant to testify or cooperate with the prosecution, it can make it more difficult for the prosecutor to build a strong case. In some cases, the prosecutor may be willing to negotiate a plea deal or drop charges in exchange for the defendant's agreement to complete a counseling or other forms of intervention.

Contact Our New York Domestic Violence Attorneys Today

When facing the severe consequences of any domestic violence charge, you need the backup and skills of a proven defender. Our New York domestic violence attorneys have the knowledge, skills, and commitment to create a strategy that can put you in the best possible legal position to seek a favorable outcome.