Top Islip Terrace, NY Domestic Violence - Criminal Lawyers Near You
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Representing Plaintiffs in Civil Rights and Serious Personal Injury Matters
123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the Islip Terrace area handle cases involving Domestic Violence - Criminal.
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1178 Broadway, 3rd Floor, New York, NY 10001
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Bulldog Law has experience helping clients with their Domestic Violence - Criminal needs in Islip Terrace, New York.
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16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your Domestic Violence - Criminal issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in Islip Terrace, New York help you today.
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521 Fifth Avenue, Suite 1729, New York, NY 10175
Contact The Law Office of Jeffrey Chabrowe in Islip Terrace, New York for experienced legal assistance in Domestic Violence - Criminal.
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11 Broadway, Suite 615, New York, NY 10004
200 Garden City Plaza, Suite 520, Garden City, NY 11530
400 Town Line Road, Suite 100, Hauppauge, NY 11788
356 Meadow Ave, Newburgh, NY 12550-3038
50 Karl Ave, Suite 302, Smithtown, NY 11787
100 Quentin Roosevelt Blvd, Suite 210, Garden City, NY 11530
600 Third Avenue, 25th Floor, New York, NY 10016
7 Times Sq, 44th Floor, New York, NY 10036
250 Fulton Ave, Suite 340, Hempstead, NY 11550
700 White Plains Road, Suite 237, Scarsdale, NY 10583
136-18 39th Ave, 8th FL, Flushing, NY 11354
100 Quentin Roosevelt Bld, Ste 511, Garden City, NY 11530
119 Jackson St, Suite 6, Hempstead, NY 11550
1225 Franklin Avenue, Suite 325, Garden City, NY 11530
20 Vesey Stree, Suite 400, New York, NY 10007
Westchester Financial Center, 50 Main Street, Suite 1000, White Plains, NY 10606
50 Main St, Hempstead, NY 11550-4054
306 Atlantic Avenue, Brooklyn, NY 11201-5125
350 Broadway, Suite 1201, New York, NY 10003
810 7th Ave, Suite 405, New York, NY 10019
176 Lexington Ave, Suite O, New York, NY 10016
Islip Terrace Domestic Violence - Criminal Information
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What Is Criminal Domestic Violence?
Criminal domestic violence occurs when a spouse or partner commits an act (or willfully threatens with the reasonable capacity to commit an act) of violence against the victim. Sexual abuse, spousal rape, intimate partner violence, battery and assault are all in territory nearby to criminal domestic violence, and charges spurring from such allegations often take these forms as well.
Under the expanded protections afforded to victims of domestic violence via the 1994 Violence Against Women Act (VAWA), emotional abuse, economic abuse (controlling finances to control behavior and force compliance from the victim) and psychological abuse can all be considered to be forms of domestic violence.
What Is The Difference Between Civil vs. Criminal Domestic Violence?
While criminal domestic violence, and charges pertaining to any number of offenses beneath that legal umbrella, are heard in criminal court, there are civil remedies available.
Civil courts are generally called upon, in alleged situations of domestic violence, to produce a restraining or protective order in favor of the alleged victim. Such an order may call for the defendant to maintain a physical distance from the victim and other family members, and violation of this civil order can result in immediate criminal charges.
Criminal domestic violence cases have a much higher burden of proof to clear. The onus is placed on the plaintiff to prove beyond any reasonable doubt that acts of abuse did occur. Civil courts have a much lower standard of proof in terms of awarding protective orders or restraining orders, but it is a common defensive strategy employed by alleged victims to set such boundaries before proceeding to a criminal case if deemed necessary.
Is Criminal Domestic Violence a Felony?
Acts of criminal domestic violence can be charged as either felonies or misdemeanors, depending on the specific nature of the charges as well as the jurisdiction. Cases heard in federal court are almost always prosecuted as felony charges.
At the state level, domestic violence charges can range from misdemeanor offenses to felony offenses. In some states, both third degree and second degree domestic violence charges are classified as misdemeanors, with first degree domestic violence and domestic violence of a high and aggravated nature (DVHAN) being classified as felonies.
It should be mentioned that domestic violence charges could also be classified as sexual abuse, battery, aggravated battery, or similar, rather than as strictly related to domestic violence.
What Is the Penalty for First-Degree Criminal Domestic Violence?
Federal domestic violence charges typically relate to the underpinning crime, although protections afforded via VAWA allow for additional charges to be appended to larger offenses. Battery, aggravated battery and sexual abuse charges can lead to 20 years to life in prison if you are found guilty of more serious offenses.
At the state level, punishments in response to first-degree (or aggravated) criminal domestic violence typically range from two years behind bars to up to 10 years imprisonment.
What Are Other Penalties for Criminal Domestic Violence?
With third and second degree domestic abuse charges being more common than first-degree or aggravated domestic abuse charges, penalties are less severe than those listed above. Domestic battery is sometimes listed as a first degree misdemeanor with a potential punishment, for those found guilty, of up to one year in county jail. Probation and a fine of up to $1,000 may also be a penalty for domestic violence.
How Can a Lawyer Help With Criminal Domestic Violence Charges in New York?
All charges of domestic violence — felony or misdemeanor — should be taken seriously. A conviction could result in a sizable jail or prison sentence in addition to substantial fines and restitution.
An experienced criminal defense attorney familiar with case law pertaining to domestic violence can help guide you through the facts and discuss the material evidence to craft the best case possible.
An attorney can also often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors.