Larkin Ingrassia Criminal Defense Attorneys | September 26, 2025 | Criminal Defense
A domestic violence conviction in New York can change nearly every part of your life – restricting where you live, who you can contact, your parental rights, your job opportunities, and even your immigration status.
Many people are surprised by the seriousness of this situation. These cases are prosecuted aggressively, and even a first offense can lead to serious consequences. If you’ve been accused, it’s not enough to hope for the best – you need to understand what you’re facing and speak with a criminal defense lawyer as soon as possible.
Assault (1st, 2nd, 3rd Degrees) – Up to 25 Years in Prison
Assault covers acts where you intentionally or recklessly cause physical injury to another person – anything from a slap that causes pain to violence with a weapon. In domestic violence cases, the degree depends on the weapons used and how severe the injuries are. Assault starts at a Class A misdemeanor, which carries up to 1 year in jail.
Charges can be escalated to a Class D or B felony where serious bodily harm or dangerous weapons are involved. This could lead to 25 years in prison.
Menacing (1st, 2nd, 3rd Degrees) – Up to 4 Years in Prison
Menacing means making someone fear they’re about to be hurt – either by threatening words or gestures, attempts, or brandishing a weapon.
Penalties span from a Class B misdemeanor for basic threats or attempts, which carries 3 months in jail, to as much as a Class E felony, which carries up to 4 years in state prison. This can occur if a weapon is involved, there’s evidence of repeated following or intimidation, a protective order is violated, or you have similar prior convictions.
Stalking – Up to 7 Years in Prison
Stalking is any ongoing pattern of constant following, unwanted contact, monitoring, or digital surveillance that causes someone fear, distress, or substantial emotional suffering. It can start as a Class B misdemeanor (up to 3 months in jail) and go up to a Class D felony (up to 7 years in prison) if you have related priors, the behavior continues despite warnings, or the risk to the protected person increases.
Harassment/Aggravated Harassment – Up to 3 Years in Prison
These are repeated behaviors with the intention to harass, annoy, or threaten someone, like relentless phone calls, physically following, disruptive communication, or unwanted touch (when it doesn’t cause injury). Simple harassment can be just a violation, not a criminal conviction, or as high as a Class A misdemeanor if the actions become more severe and turn into aggravated harassment. This could be by including threats of violence. This means you could face up to 3 months in prison for this type of offense.
Strangulation and Criminal Obstruction of Breathing/Blood Circulation – Up to 15 Years in Prison
New York treats domestic crimes involving strangulation and suffocation incredibly seriously. Any act restricting the neck, causing loss of breath, or compressing the airway – even briefly or without lasting injury can be charged in this manner.
This charge starts as a Class A misdemeanor (3 months in jail) and can escalate to a Class D felony (up to 7 years in prison) if injury or loss of consciousness is proven. In cases where severe injury occurs, like brain damage, it is charged as a Class C felony, punishable by up to 15 years in prison.
Criminal Contempt (Violating an Order of Protection) – Up to 7 Years in Prison
When an order of protection forbids you from certain actions and you violate any part of it – like contacting the person or visiting the protected person’s home – you can be charged with criminal contempt.
A first violation can result in a Class A misdemeanor charge (3 months in jail). Repeated violations, the use of weapons, persistent harassment, or causing any actual injury can increase the charge to a Class E felony (up to 4 years in prison).
If someone is hurt or the defendant has been convicted of aggravated criminal contempt before, it can become a Class D felony, which can lead to seven years in prison.
Aggravated Family Offense
If you are convicted of a second “family offense” misdemeanor (such as assault, stalking, or obstruction charges) within five years, regardless of whether the second victim is the same person, prosecutors can upgrade it to an offense called aggravated family offense – a Class E felony under New York law. This carries up to 4 years in prison.
Contact the Ulster County Criminal Defense Lawyers at Larkin Ingrassia Criminal Defense Attorneys for Help Today
Beyond jail time or fines, a domestic violence conviction in Ulster County, New York, can also bring serious collateral consequences, like eviction, loss of your job, damage to your reputation, restrictions on custody or gun rights, and immigration problems.
For more information, contact an experienced criminal defense lawyer at Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345