Domestic Violence Attorney in New York
Mario Gallucci of The Gallucci Law Firm has extensive experience defending those accused of domestic violence – contact us for expert legal defense today.
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 include 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. Many states consider domestic violence to be its own distinct crime, which someone could be charged with instead of another crime, such as assault and battery.
Penalties for Domestic Violence Crimes in New York and New Jersey
Convictions of crimes classified as domestic violence in New York have a wide range of penalties. Domestic violence offenses are generally categorized as 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.
In New Jersey, domestic violence is defined as the commission of one or more of several criminal offenses, when committed against someone who fits the state’s definition of a domestic violence victim. These criminal charges include assault, kidnapping, sexual assault, criminal trespass, stalking, and more. Criteria for a domestic violence victim in NJ include a current or former spouse or household member, or someone who has a child or a dating relationship with the perpetrator. Domestic violence can be a felony or misdemeanor in NJ, depending on the severity of the offense. Felony domestic violence charges in New Jersey can carry penalties of up to 20 years in prison.
Domestic Violence Order of Protection & Restraining Orders in New York
If you are charged with 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 and 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 be charged with 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 time. If you are not convicted, the Order of Protection is dismissed.
Comprehensive Legal Defense for Domestic Violence Cases in NY and NJ
New York takes domestic violence charges very seriously, and committing a domestic violence crime can lead to significant jail time. It is crucial to seek out an attorney with experience in this area so a strong defense can be crafted for your case. Being in this type of situation can be very difficult, and your attorney will be able to make suggestions for how to move forward. This is also the case if you have been falsely accused of domestic violence. Mario Gallucci and The Gallucci Law Firm will examine all of the details of the case, along with any relevant evidence (such as emails or text messages from the person who has accused you of domestic violence), and craft a defense strategy to fight for your rights.
Learn More About Domestic Violence Defense
Check out our blogs about Domestic Violence cases to learn more about how these situations are handled by The Gallucci Law Firm.
Domestic Violence Attorney in Staten Island, 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 through our unwavering commitment, you can rest assured that we will do everything in our power to defend you. To discuss your domestic violence case in Staten Island, New York, or New Jersey, contact our office today to schedule a consultation.
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NY & NJ Areas We Serve
The Gallucci Law Firm provides legal support for the following areas in New York and New Jersey: