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Are you currently involved in a domestic violence dispute? Perhaps your husband or partner has been abusing you? Or, perhaps you are the spouse or mate that has been accused of battery? In New York the courts do not differentiate between domestic violence offenses and other violent crimes — making it absolutely necessary to have a criminal defense firm on your side. Read on to learn what to expect as you pursue a case in New York criminal or family court.
Order of Protection
If you have been assaulted by your spouse or partner, you can file an order of protection from either your local New York criminal or family court. In New York, domestic violence cases can be pursued in either court or simultaneously. The order of protection will legally prevent the defendant from coming into contact with the victim and any children involved without a severe penalty — including jail time.
Charges and Convictions
There are several charges that can be brought against the defendant accused of battery of a spouse or partner. One is first-degree assault, in which the defendant is proven to cause cause serious injury or in fact, does cause injury using a deadly weapon or a dangerous object. A conviction of first-degree assault is a felony and can lead to retweet 5 and 25 years of prison time and a fine of $5,000 or less. Another charge is third-degree assault, in which the defendant both intends to cause harm, causes injury reckless or via negligence causes harm with a deadly weapon or dangerous object. A conviction of third-degree assault is a misdemeanor and can carry up to a year or less of prison time and and a fine of $1,000 or less.
Stalking and Stragulation
Under the battery category of domestic violence is stalking and strangulation as well. Both are punishable in a court of law as they can cause severe physical harm to the victim. These two charges are considered class A misdemeanors and are likely to get the convicted defendant up to a year in jail and a fine of up to $1,000.
Are There Defenses?
Cases of battery of a spouse or a partner are particularly difficult and detailed. There are some defense factors that come into play in the court when deciding on the nature of the battery. For example, was the defendant who is accused acting in self-defense against the partner or spouse? Was the battery justified in any way, in other words. In addition, was there a dental or medical reason the defendant felt the need to participate in harm to the victim — such as in the case of strangulation. Finally, is the accused facing a mental health issue that perhaps led to the battery of the spouse. Each of these areas will be considered by the defense in determining the nature and motivation of the battery of the spouse or mate in New York court.
If you are feeling overwhelmed with the battery case before you, you aren’t alone. Hundreds of spouses take up charges in family and criminal courts in New York over battery and domestic violence cases. The first step is knowing the resources to turn to when you need help quickly. It’s not easy to navigate the nuance of criminal law or to always understand your rights. So make sure you have the best resources at your side. Contact us today for a free consultation. If you are considering a divorce, consult our divorce attorneys in NYC today.