Are you facing domestic violence charges in Newburgh, NY? The prospect of fines and a prison sentence can be frightening. Additionally, the collateral consequences of a domestic violence conviction can negatively impact numerous aspects of your life. You need an experienced lawyer to develop a defense to the charges.
At Larkin Ingrassia Criminal Defense Attorneys, our defense lawyers have extensive experience in criminal law, with over 50 years of collective experience.
Contact our law firm or call (845) 566-5345 to schedule a free consultation with an experienced Newburgh domestic violence lawyer.
How Larkin Ingrassia Criminal Defense Attorneys Can Help You With a Domestic Violence Charge in New York
Our attorneys are skilled negotiators and seasoned trial attorneys. If you are facing charges of domestic violence, you need a legal team that will provide aggressive defense strategies and trusted legal advice.
When you hire our award-winning Newburgh criminal defense attorneys, we will handle all aspects of your domestic violence case, including:
- Investigating the circumstances leading to your charges for domestic violence in Newburgh
- Reviewing the evidence the state has against you
- Gathering evidence to use in your defense, including working with leading expert witnesses as necessary
- Explaining the charges against you and the potential outcomes based on a plea deal and going to trial
- Developing an effective defense strategy based on the evidence in your case
- Negotiating a fair plea deal if possible
- Aggressively representing you during all court hearings and at trial
Our attorneys are members of prestigious legal associations, including the New York State Bar Association and the National Association of Criminal Defense Lawyers. We have also been recognized by Super Lawyers, Avvo, and Martindale-Hubbell.
If you need a lawyer in Newburgh, New York, reach out to Larkin Ingrassia Criminal Defense Attorneys for a free consultation.
Overview of Domestic Violence Laws in Newburgh, New York
New York does not have a specific law that addresses domestic violence as a criminal offense. Instead, the statutes include crimes that can lead to domestic violence allegations.
Domestic violence occurs between people who share relations that fall within the definition of domestic violence. For domestic violence charges to be filed, the victim and the offender must be:
- Individuals who share a child
- Family members, including spouses, parents, children, and siblings
- Other relatives living in the home, including in-laws and extended family members
- Housemates or roomates
- Current or former romantic partners who share or shared an intimate relationship
Family courts have jurisdiction over domestic violence cases because they involve family members or intimate partners. However, domestic violence is also a crime. Hence, criminal courts have jurisdiction over criminal charges against the offender. Hence, it is possible that you may be facing legal proceedings in family court and criminal court.
What Are Common Crimes That Can Result in Domestic Violence Charges in Newburgh, NY?
When certain criminal offenses occur between family members or intimate partners, the offenses can result in domestic violence charges. Crimes that may result in charges of domestic violence include, but are not limited to:
- Assault
- Physical abuse, including punching, kicking, choking, hitting, or shoving
- Financial abuse
- Menacing
- Reckless endangerment
- Criminal mischief
- Harassment
- Stalking
- Emotional abuse
- Unlawful imprisonment
- Disorderly conduct
- Sexual misconduct, rape, and sexual abuse
- Intimidation and threats
The steps you take from the moment you are arrested can significantly impact your defense. If you are charged with domestic violence, contact our office immediately to speak with an attorney. We will advise you on how to protect your rights and build a strong defense.
Domestic Violence Charges Are Wobblers
A wobbler is a criminal offense that can be charged as a misdemeanor or felony. Generally, domestic violence crimes are charged as felonies when:
- The offense involves sexual assault
- The case involves abuse or violence to a minor
- The offender stalks the victim and causes injury
- An assault results in serious bodily injury to the victim
- The offender uses a deadly weapon
Offenses that do not rise to the level of a felony are charged as misdemeanors. For example, assaults that result in minor injuries may be charged as misdemeanor assaults. Moreover, stalking may be charged as a misdemeanor if the victim does not sustain injuries because of the stalking.
Regardless of whether you are charged with misdemeanor domestic violence or felony domestic violence, you need to present a strong defense.
What Are Criminal Penalties for Convictions of Domestic Violence in Newburgh, NY?
The criminal penalties for domestic violence convictions depend on the charges you face. However, fines and incarceration are sentences in most domestic violence cases. Potential penalties for domestic violence charges include maximum incarceration periods and maximum fines of:
- Class B Misdemeanor: three months in jail and a fine of $500
- Class A Misdemeanor: one year in jail and a fine of $1,000
- Class E Felony: four years in prison and a fine of $5,000
- Class D Felony: seven years in prison and a fine of $5,000
- Class C Felony: 15 years in prison and a fine of $15,000
- Class B Felony: 25 years in prison and a fine of $30,000
- Class A-II Felony: life sentence and a fine of $50,000
- Class A-I Felony: life sentence and a fine of $100,000
The judge may include other punishments in the sentence. For example, a sex offense could result in mandatory registration as a sex offender. An offender may also be required to serve probation and pay restitution to the victim.
Orders of Protection for Newburgh Domestic Violence Charges
In addition to the criminal penalties, the court may enter a restraining order or protection order against you. Generally, the family court will issue a protection order prohibiting the offender from harming the victim further. Criminal courts often issue restraining orders as a condition of a person’s bail or probation.
Protection orders can severely restrict your freedom and rights. Conditions of a protection order in a domestic violence case could include:
- The offender is prohibited from communicating with the victim in any form.
- The offender must stay away from the victim’s home, school, and work, including moving out of the shared home.
- The offender must surrender all firearms.
- The victim may be granted temporary child custody and child support.
- The offender may be required to attend anger management, counseling, or other treatment programs.
Violating a restraining order can result in additional penalties, such as jail time and fines.
What Are Potential Defenses to Domestic Violence Charges in Newburgh, NY?
Several defenses may apply depending on the facts and circumstances of your case. Our legal team analyzes all factors to determine the best defense strategy for you. Potential defenses include:
Self-Defense
You may claim self-defense if you were defending yourself or someone else. However, you must prove that your actions were reasonable in response to the threat and you did not do anything to provoke an attack.
False Allegations
An alleged victim may lie about the domestic violence or exaggerate what happened so you would be charged with a crime. Reasons for filing false allegations of domestic violence can include the desire to gain an advantage in a family court case, revenge, or jealousy.
Lack of Intent
Intent is a legal element of many crimes. The prosecutor must prove that you intended to cause someone harm or take specific actions. We may be able to submit evidence showing a lack of intent in your case.
Violation of Rights
A technical defense may include accusing law enforcement officers or other court officials of violating your constitutional rights. For example, if the officers performed an illegal search and seizure, the court may rule that the evidence obtained is inadmissible in court.
Lack of Corroborating Evidence
The entire case may rest on the victim’s testimony. If so, we may use medical records and other evidence to challenge it. Without corroborating evidence, the court may find that there is insufficient evidence for a conviction.
Schedule a Free Consultation With Our Newburgh Domestic Violence Attorneys
You don’t have to go through domestic violence charges alone. Call Larkin Ingrassia Criminal Defense Attorneys to schedule a free case consultation with a Newburgh domestic violence lawyer. We defend individuals accused of domestic violence in Newburgh and throughout Orange County.