Domestic Violence Attorney in New York
Assault charges should never be taken lightly, especially those involving domestic violence. If you have recently been accused of domestic violence and need exceptional legal advice and action, The Gallucci Law Firm is ready to effectively represent you and your case. As an experienced advocate for those facing criminal charges throughout the Tri-State Area, we’ll work to safeguard your legal rights and represent you throughout the legal process.
What is Domestic Violence?
Domestic violence is the act of gaining power or control over another person or relationship. Domestic violence does not consist of only physical abuse. It consists of multiple criminal acts such as disorderly conduct, harassment, sexual misconduct, abuse, stalking, assault, reckless endangerment, attempted murder, strangulation, grand theft or coercion. Domestic violence occurs between legally or formerly married couples and even unmarried couples with children. Also, a family member can be someone you have shared a residence or been in an intimate relationship with, regardless of the time frame.
Penalties for Domestic Violence Crimes in New York
Convictions of crimes classified as domestic violence in New York have a wide range of penalties. Domestic violence offenses are generally categorized into either a misdemeanor or a felony. Punishment can range from 15 days in jail with a fine of up to $250 to life in prison and a fine of up to $100,000 based on the charge. If charged with a domestic violence offense of sexual misconduct or abuse, you will be required to register as a sex offender.
Domestic Violence Order of Protection & Restraining Orders in New York
If you are charged for an offense classified as domestic violence, the New York Police Department is required to make a mandatory arrest after a domestic violence call. Within 24 hours of the arrest, the arraignment begins, in which the judge will either set bail, hold you in jail without bail, or release you. If released you are required to return to a specialized court that handles domestic violence cases at a future date. While your case is pending, the judge can issue and set the terms and conditions of a Temporary Order of Protection.
The Order of Protection is a set of rules that you must follow to protect the victim. For instance, in some cases, you may be prohibited from returning home and making contact with the victim and family. If you violate the Temporary Order of Protection, you will get charged for criminal contempt. If convicted, the judge will decide on the final Order of Protection which may include counseling, conditional discharge, a fine, probation and or jail. If you are not convicted the Order of Protection is dismissed.
Domestic Violence Defense in New York
At The Gallucci Law Firm, our extensive experience will ensure that your case receives the thorough attention it deserves. For domestic issues involving children, spouses, and loved ones, we will deliver dynamic legal representation and fight diligently to protect your rights. In many cases, parental rights and child custody hang in the balance of a court decision. We understand how essential the outcomes of these cases are, and our commitment to our clients will allow you to rest knowing that we will do everything in our power to defend you. To discuss your domestic violence case, contact our office today to schedule a consultation.