New York Domestic Violence Defense Lawyers
Domestic violence applies to crimes between members of the same family or household. In New York, the purview of domestic violence includes people who:
- Are related by blood or affinity
- Are legally married
- Are formally married
- Have a child in common
- Have an intimate relationship even if not living together
From their office in Goshen, the New York criminal defense lawyers at Dupée & Monroe, P.C. help people throughout the Hudson Valley and Orange County who have been charged with any domestic violence offense.
Types and levels of domestic violence charges in New York
The laws applying to domestic violence are the same as those that apply generally to, for example, incidents of assault, stalking, harassment, rape or sexual abuse, unlawful surveillance, and others. However, when the offense involves a family or household member (as described above), the family court has concurrent jurisdiction. The family court is meant to allow the parties and lawyers involved to resolve the cases in a way that specifically accounts for the family dynamics.
Not all instances of alleged domestic violence are treated equally. Factors affecting the severity of the charge include the circumstances surrounding the incident, the severity of any violence or injury done, the danger presented to any other parties such as children, and whether the defendant is a repeat offender.
Depending on the severity of the charge, the consequences of a domestic violence conviction can range from fines and probation to jail time, restraining orders, loss of child custody, or some combination. For lesser charges, an experienced defense attorney may be able to negotiate an unconditional or conditional discharge, meaning the charges will be dropped provided the defendant does not commit any additional crimes within some lengthy time period after the arrest.
Alternative resolutions to domestic violence charges
Domestic disputes can arise from a variety of circumstances, and both police and prosecutors are aware that the most extreme measures such as jail time, loss of custody, or restraining orders are not always the best course of action. Families often want to stay together and would rather work past instances of domestic dispute rather than break apart permanently. Sending one party to jail can, for example, have significant financial consequences that the family would rather avoid. A practiced New York domestic violence defense attorney can help you negotiate alternative sentences following a domestic disturbance, such as enrolling in alcohol, drug, or anger management treatment or classes, or individual or group therapy sessions.
It is very common for plea deals to provide that successful completion of such classes or therapy can lead to charges being reduced to a non-criminal violation or dropped entirely, especially for first-time offenders where the violence was not severe. Repeat defendants may not retain the prosecutor’s benefit of the doubt necessary to get such charges reduced or dropped. In either case, a skilled criminal defense attorney is essential to make sure that you get the best deal possible for yourself and for your family, tailored to your individual situation and with as little lasting consequence as appropriate given the circumstances.
Help is Available for Your Domestic Violence Arrest
The lawyers at Dupée & Monroe have decades of experience helping people like you avoid the most serious consequences which can arise from a domestic violence offense and make sure that the best interests of both you and your family are served by the ultimate outcome. If you have been arrested for a domestic violence crime or other offense in Goshen, Orange County or anywhere in the Hudson Valley region, contact Dupée & Monroe, P.C. for immediate assistance from our experienced and successful criminal defense attorneys.
