Were you arrested or accused of domestic violence in Orange County, NY? Call Larkin Ingrassia Criminal Defense Attorneys at 845-566-5345 for a free consultation with an Orange County domestic violence lawyer. With over 50 years of combined experience, we understand local prosecutors’ strategies and how to protect your rights.
Don’t let a DV charge upend your family, job, and future without a fight. Not having the right legal representation can make everything feel more overwhelming, but our Orange County criminal defense attorneys are here to help. Contact our team today to schedule a free consultation.
Why Choose Larkin Ingrassia Criminal Defense Attorneys if You’re Arrested for Domestic Violence in Orange County, NY?
Trying to navigate a domestic violence charge in Orange County, New York, without the right legal help isn’t just overwhelming; it’s dangerous and can affect every aspect of your life for years to come. Larkin Ingrassia Criminal Defense Attorneys focuses on helping clients during their most difficult moments.
Here’s why so many people trust our Orange County criminal defense lawyers when everything is at stake:
- We’ve been defending members of this community for over three decades. Experience matters when local rules and relationships play such a big role in these cases.
- Our team has access to a broad network of private investigators and top-tier expert witnesses to help fight your charges.
- We handle state and federal criminal charges, so no matter what you’re facing, we’re here to help.
When clients need us, we are always available to help and constantly provide personalized attention. When you need help with a criminal matter, we’re here for you. Call us to schedule a free consultation with an Orange County domestic violence attorney.
Overview of Domestic Violence in New York
Understanding domestic abuse laws in New York is essential if you or someone you care about is facing accusations. In New York, there isn’t a specific offense formally called “domestic violence.”
Instead, incidents in this category are usually prosecuted under existing criminal laws such as assault, harassment, stalking, or menacing. When they involve a family household member, they are considered domestic violence crimes.
Who Is Considered a Family Household Member?
Under New York law, family household members could be:
- Current or former spouses
- Fiancés and ex-fiancés
- Registered domestic partners, past or present
- Co-parents
- Intimate partners, whether or not you live together
Common crimes that are charged under the domestic violence category include:
Assault (First, Second, and Third Degrees)
Under New York law, assault can be charged when a person causes physical harm to another. However, it can also be charged when no contact is even made. It could include an intentional act or threat that creates a reasonable fear of harm, as long as the accused has the ability to carry it out.
The degree of assault depends on how severe the injury is and whether a deadly weapon was involved.
Menacing
Menacing is the act of verbally or physically threatening another person in a way that places them in reasonable fear of immediate injury, death, or harm. For instance, gestures, aggressive movements, or displaying a weapon can lead to menacing charges.
Harassment
Harassment is unwanted and unwelcome behavior that can cause alarm, emotional distress, or simply intimidate a person. This can also include violent or offensive words and physical contact like shoving or striking.
Stalking
Stalking involves repeated unwanted contact or attention directed at another person. It can include following someone, sending unwanted messages, showing up uninvited to personal places, or even harassing or monitoring someone electronically.
Strangulation/Obstruction of Breathing
This offense involves restricting another person’s airway or blood flow by applying pressure to the throat, neck, or chest.
Aggravated Family Offense
If someone commits a misdemeanor domestic violence offense against a family member and has a prior conviction within the past five years, the new charge can be elevated to a Class E felony, triggering harsher consequences.
New York’s domestic violence laws are broad because they only require a qualifying relationship. Essentially, many actions could be deemed domestic violence.
What Are the Penalties for Domestic Violence in Orange County, New York?
The penalties for domestic violence in Orange County, New York, can vary based on the type of charge, your criminal record, and details like whether anyone was seriously hurt or if there’s a prior conviction.
Understanding the possible consequences is important for anyone under investigation or charged.
- Class B misdemeanor: This is the least serious domestic-related offense penalty, punishable by up to 3 months in jail and fines of up to $500.
- Class A misdemeanor: More serious charges can be Class A misdemeanors, carrying up to 1 year in jail and a potential fine as high as $1,000.
- Class E felony: This level of felony conviction carries penalties of up to 4 years in state prison and fines reaching $5,000.
- Class D felony: More serious conduct can result in up to 7 years in prison along with fines of up to $5,000.
- Class C felony: Penalties may include up to 15 years in prison and fines of up to $5,000.
- Class B felony: For the harshest domestic violence offenses, punishment can include up to 25 years in prison and fines of up to $5,000.
Because penalties change depending on the specific offense, and there isn’t one domestic violence charge, it’s hard to say exactly what you’re facing without looking at your case.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, you can also face collateral consequences from a domestic violence conviction (or even just charges):
Loss of Employment Opportunities
Many jobs, particularly those requiring background checks or professional licensing, will be unavailable to you because employers may decide not to offer a job to someone with such a serious criminal record.
Immigration Issues
Anyone who isn’t a United States citizen may face serious immigration consequences, such as deportation, visa denial, or naturalization application denial after a domestic violence conviction.
Firearm Restrictions
Individuals convicted of domestic violence charges often lose the ability to legally own or carry firearms, sometimes permanently.
Family Court Consequences
If you’re in the middle of a family court issue, like child custody hearings, a conviction could affect the outcome. A judge may decide you’re a danger to your children and limit your ability to see them.
The consequences of a domestic violence conviction can be incredibly far-reaching. Make sure you speak with a criminal defense lawyer right away.
What Defenses Can Be Raised if I’m Arrested for Domestic Violence?
If you’re arrested for domestic violence in Orange County, there are strong legal defenses that could help beat the charges or reduce the serious consequences you’re facing. Here’s how some of the most common defenses work in court:
Accidental Injury
Most New York laws require that an injury must have been caused willfully, meaning on purpose. If you accidentally injured someone by stumbling into them and had no intention of causing harm, this could lead to an acquittal.
Lawyers need strong evidence to support this, including surveillance videos (if available) or the testimony of someone who saw what really happened.
False Accusations
Unfortunately, domestic violence accusations are sometimes the result of jealousy, revenge, or family law issues (like child custody disputes), resulting in baseless or exaggerated claims being made. A strong defense means determining the motivation behind the accuser’s story.
A domestic violence attorney can subpoena texts, emails, and social media conversations, interview those who know you and the accuser, and look into any patterns of dishonesty or bias from witnesses to show that you are innocent.
Self-Defense or Defense of Others
If you genuinely believed you or another person was in immediate danger and used only the amount of force needed to keep everyone safe, you have the right to raise self-defense. Evidence can include security footage, neutral witnesses, and records of prior aggression by the accuser.
Accuser Refuses to Testify
Occasionally, alleged victims decide they do not want to press charges or refuse to participate in court. This weakens the prosecution’s case and sometimes means they can’t proceed with their charges. If there are other witnesses or video footage of the altercation, they can try to prosecute you without their testimony, but this isn’t always the case.
If you’re facing charges, you need to speak with a criminal defense lawyer as soon as possible to get started on your defense.
Contact Our Orange County Domestic Violence Lawyers for a Free Consultation
No one should feel abandoned or spoken over in court, especially during something as personal as a domestic violence case. At Larkin Ingrassia Criminal Defense Attorneys, we take the concerns of every client seriously, breaking down the law into terms you can clearly understand. Getting help from a defense lawyer matters more than just about anything else.
If you’re ready to get started on your defense, call us to schedule a free consultation with an Orange County domestic violence lawyer.