When you are close to another person, either physically, emotionally, or romantically, for a long period of time it’s natural that you will argue at some point. Perhaps you will have a disagreement, a misunderstanding, or something else that causes tension between you and the other party. Many people express their anger or frustration by raising their voice. If you yell at someone, could you be charged with domestic violence?
Our defense attorneys at Kenneth E. Belkin, Esq. are here to discuss what you need to know about domestic violence offenses and penalties in New York City.
Who Can Be Involved in Domestic Violence?
Domestic violence may occur between a wide range of people – not just those currently in romantic relationships.
Domestic violence offenses involve individuals:
- Related by blood
- Who share a residence
- Who are currently dating or married
- Who have previously dated or former spouses
- Individuals who share a child
- Individuals who share or have shared an intimate relationship
Some individuals are surprised to discover that all conflicts between these groups could result in serious domestic violence charges.
Types of Domestic Violence Crimes
Many people share the assumption that you are only charged with domestic violence for physical offenses. This is not necessarily the case, but it is definitely true that a physical altercation may lead to criminal charges. Hitting, kicking, biting, or otherwise physically attacking someone in one of the above categories can be considered a domestic violence offense.
You could face charges for certain verbal actions as well. For example, someone may be charged with domestic violence for exhibiting a pattern of verbal or emotional abuse.
Yelling may also result in domestic violence charges if the individual yelling was threatening to cause harm to the alleged victim.
Sexual abuse between individuals with a domestic relationship is a serious offense. This involves sexual assault, rape, harassment, and more.
Some other examples of domestic violence include stalking, financial abuse, intimidation, isolation, and technological abuse.
Penalties for Domestic Violence
As you can see from the information above, a wide variety of actions fall under the umbrella of domestic violence when they occur between certain individuals. Being charged with domestic violence is serious and can affect numerous aspects of your life moving forward.
After you are arrested for domestic violence, the alleged victim cannot drop the charges. Even if they wish to, they cannot. Once an arrest is made, it is all up to the prosecution. If they do not want to drop the case, you will face charges.
Domestic violence charges vary in terms of severity and therefore, can be misdemeanor or felony charges. Misdemeanor domestic violence is punishable by up to one year in jail and a fine of $1,000. Felony domestic violence is punishable by up to 25 years in prison and up to $30,000 in fines.
Another main consequence of a domestic violence arrest and/or conviction is being served an order of protection. This order prevents you from having any contact with the alleged victim, and may contain other restrictions. Violating the order, even by accident, can lead to more legal trouble and hurt your case.
Other consequences of a domestic violence conviction include:
- Losing your job
- Being unable to get a job
- Being unable to have a career in certain fields
- Loss of gun rights
- Loss of voting rights
- Damage to your reputation
- Difficulty forming new relationships
If You Are Charged with Domestic Violence in NYC
Being arrested for domestic violence can come as a shock. If you are arrested and charged, the first thing you need to do is contact a defense attorney. Having a defense attorney by your side for your case is the best protection.
Our defense attorneys have guided and helped numerous clients facing domestic violence charges in New York City. Reach out to our team today at (718) 395-6755 to discuss your domestic violence charges and learn more about how we can help you.