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You could be facing domestic violence charges if you are alleged to have harmed someone with whom you are in an intimate relationship. New York state takes these matters seriously and harshly pursues anyone who allegedly committed such conduct. The State imposes severe penalties, including incarceration and fines, to remind people that these are not simply family or personal matters but violations of the law. If you have been accused of a domestic violence crime, you can face sanctions even before your case concludes, as you may be subject to a temporary restraining order that places restrictions on you.

At Lebedin Kofman LLP, we understand that two sides to every story exist. Sometimes domestic violence allegations arise because of a misunderstanding, or one person is trying to get the upper hand in a different matter, such as a child custody dispute. Whatever your situation, our Nassau County domestic violence lawyers want to hear about the events leading up to your arrest from your perspective. By listening to what you have to say and gaining a complete picture of the incident, we can begin building an aggressive and individualized legal strategy for you.

Please do not hesitate to contact us to discuss your case. Call today to schedule a free initial consultation.

What Constitutes Domestic Violence in New York?

Broadly, domestic violence is defined as harming or attempting to harm to a family or household member.

A family or household member includes persons who:

  • Are legally married or divorced
  • Have a child in common
  • Are related by blood
  • Are related by marriage
  • Are living together or have lived together in the past
  • Are in a dating relationship or were in a dating relationship in the past

Domestic violence is not its own offense, meaning a separate statute does not exist in the New York Penal Code for it. Instead, it refers to any type of emotional, physical, economic abuse committed upon any person listed in the classes above. Note that domestic violence does not have to involve physical contact with another person. Threatening or intimidating a family or household member also constitutes an offense.

Specific crimes that may be prosecuted as domestic violence include, but are not limited to:

  • Assault
  • Harassment
  • Reckless endangerment
  • Menacing
  • Disorderly conduct
  • Intimidation
  • Sexual abuse
  • Coercion

Our domestic violence lawyers in Nassau County are ready to defend against any type of criminal charge. We have helped thousands of clients and know what it takes to challenge serious allegations.

What Are the Penalties for Domestic Violence in New York?

As noted above, various misdemeanors and felonies can be designated domestic violence offenses. Therefore, the penalties a court can impose depend on the conduct involved.

Below are some examples of conviction penalties for domestic violence-related crimes:

  • Fourth-degree stalking (class B misdemeanor)
    • Up to 3 months in jail and/or
    • Up to $500 in fines
  • Third-degree assault (class A misdemeanor)
    • Up to 364 days in jail and/or
    • Up to $1,000 in fines
  • Second-degree coercion (Class E felony)
    • Up to 4 years in prison and/or
    • Up to $5,000 in fines
  • First-degree sexual abuse (Class B felony)
    • Up to 25 years in prison and/or
    • Up to $5,000 in fines

In addition to the penalties listed above, anyone found guilty of domestic violence may also be stripped of their right to possess or purchase firearms.

It may be frightening to see the harsh penalties associated with a domestic violence conviction, but just because you have been charged, that does not mean you will face maximum punishments. By aggressively fighting the accusation, you can seek to minimize or avoid penalties. To put up a solid defense, turn to Lebedin Kofman LLP. We’ll analyze the evidence in your case to identify any holes in the prosecution’s arguments and determine courses of action.

What Is an Order of Protection?

In some domestic violence cases, the judge may grant an order of protection. The purpose of this legally binding document is to prevent further harm against the alleged victim. Essentially, it limits what the person named in it can and cannot do.

Examples of conditions of an order of protection include, but are not limited to:

  • Not contact with the alleged victim
  • Leave a shared residence
  • Pay child support
  • Adhere to a child visitation schedule
  • Relinquish firearms

If an order of protection is being sought against you, you have a right to present your side of the story and tell the judge why such measures are not necessary.

Contact Our Nassau County Domestic Violence Attorneys

Being involved in a potentially life-altering domestic violence case can be overwhelming and difficult. We understand the stress you may be feeling and can deliver the guidance and aggressive representation you need to fight your charge.

Get started on your defense by calling or submitting an online contact form.

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