Although no family or relationship is perfect, they should not include acts of violence. Unfortunately, disputes break out and could get out of hand. This is where allegations of domestic violence could occur. These situations are taken seriously, as they not only hold the potential for serious criminal penalties, but a domestic abuse charge could hinder one’s ability to keep his or her family together or even maintain custody or visitation rights of their children.
In the state of New York, they do not differentiate between domestic violence related crimes and other offenses. They do, however, criminalize various acts that could occur between members of the same family or household. This includes offenses such as assault, menacing, stalking strangulation and other similar offenses.
Domestic violence occurs when crimes are committed between members of the same family or household. This includes those that are related, legally married, formerly married, have a child in common or have been in an intimate relationship whether they are living together or not.
Penalties for these crimes are dependent on the severity of the offense. For example, a felony offense like first-degree assault could result in a sentence of 5 to 25 years in prison and a fine of up to $5,000. On the other hand, third-degree assault is a Class A misdemeanor that is punishable by imprisonment of up to a year and fine up to $1,000. There are various defenses to domestic violence. This includes justification, self-defense, medical or dental purposes or mental disease or defect.
No matter how serious a person takes these allegations, it is vital to understand the situation and what types of defense are available. By becoming informed of criminal defense options, defendants are able to assert a criminal defense to help them reduce or dismiss the charge against them.
James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.
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