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Domestic Violence Attorney Serving New York State

What Are the Elements of Domestic Violence in New York?

Domestic violence is a violent crime against a member of your household, such as: a spouse, family member, children, etc. Factors considered during your sentencing may include:

  • Whether or not you have a history of domestic violence - If this is seen as a first offense, there may be a reason to question whether or not the prevailing narrative is true.

  • The extent of the crime - Certain kinds of domestic violence are judged more harshly than others, such as when strangulation occurs.

  • Your relationship to the victim - Certain victims are going to cause harsher judgments than others, such as if the victim was a child or the person had a disability.

Domestic violence is a crime that carries a lot of emotional weight. Just hearing the phrase is enough for many people to make judgments without knowing anything about what happened. Attorney Jonathan B. Ripps understands that hearing these accusations against you can be a heavy burden to bear. Once you have been charged with the crime, your sentencing will depend on the situation.

On This Page:

  • What Is Considered Domestic Violence in NY?

  • What Does "Intimate Partner" Mean?

  • What Are the Penalties for Domestic Violence in New York?

  • How to Get Domestic Violence Charges Dismissed

  • How The Law Office of Jonathan B. Ripps Can Help

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What Is Considered Domestic Violence in NY?

According to New York domestic violence laws, domestic violence criminal charges can include any of the following which are committed against an intimate partner:

  • Physical abuse - This can include assault, reckless endangerment, strangulation, hitting, punching, kicking, etc.

  • Sexual abuse - This includes any form of unwanted sexual contact, including sexual touching and rape.

  • Emotional abuse - This includes harassment, isolation, psychological abuse, etc.

  • Threats/Intimidation - This can include stalking, menacing, coercion, etc.

  • Financial abuse - This can include things such as identity theft, stealing, etc.

It can also include any other violation of New York law that is committed against an intimate partner.

What Does "Intimate Partner" Mean?

Domestic violence laws in NY define an intimate partner as any of the following types of relationships:

  • Those who are legally married or divorced

  • Couples who share a child

  • Those related by marriage, including in-laws

  • Blood-relatives including brothers, sisters, parents, cousins, etc.

  • Individuals who have lived together for an extended period of time

  • Individuals who are or have dated for a period of time

What Are the Penalties for Domestic Violence in New York?

If you are convicted of domestic violence charges, you may face any of the following punishments:

  • Domestic Violence Misdemeanors - These charges can include incidents such as some forms of sexual abuse, sexual misconduct, assault and criminal negligence and can result in 3 months to 1 year in jail and a $500 to $1,000 fine.

  • Domestic Violence Felonies - If you’re convicted of a domestic violence felony (this includes charges such as rape and serious assault) you may face anywhere from 4 years to life in prison, and may be fined anywhere from $5,000 to $100,000.

Domestic violence charges, even if they are false, carry serious penalties with them. It’s extremely important that you hire a skilled domestic violence attorney who can represent you and defend your rights in court.

How to Get Domestic Violence Charges Dismissed

When police arrive on the scene for a domestic violence call, odds are there will be an arrest. This is unfair to accused parties because they are now responsible to prove their innocence even though they may not have committed the crime for which they have been arrested. If you have been charged with domestic violence, it is important that you do not speak with police. Your court strategy may depend on it.

Some defenses that could be invoked include:

  • Harm was unintentional: Being accused of domestic violence can come from different parties other than victims, many of whom were not present. Their accusations may not represent the truth and could incriminate you for something that legitimately did not happen.

  • Unawareness of what happened: Sometimes damage occurs when people are horsing around. This should not constitute a lifetime of criminal consequences.

  • No harm actually occurred: People have been accused of domestic violence without cause before. It is crucial that you obtain the right witness statements and medical reports to demonstrate that the alleged offense did not actually take place.

  • Self-defense: If you are being attacked and your defense causes harm to another person, this is not a cause for a criminal conviction. It is important that you demonstrate the other person’s involvement if they provoked a response that resulted in harm.

How The Law Office of Jonathan B. Ripps Can Help

Due to the intense emotions present at the site of a domestic violence (DV) accusation, people are often arrested and charged with crimes on hearsay alone. If you have been charged with domestic violence, police and prosecutors are likely already working on a case to have you sentenced. You need the help of a domestic violence defense attorney in Rockland County right away. With over 20 years of successful representation, The Law Office of Jonathan B. Ripps is the firm you need on your side.

These kinds of allegations are not to be taken lightly. A conviction of domestic violence can result in felony sentencing, costing you thousands of dollars and even years spent behind bars. Our firm is here to help you tell your side of the story and prevent serious consequences in the years ahead. Attorney Jonathan B. Ripps takes the time to learn the facts of what happened and build effective strategies to help you obtain the best possible outcome.