In Arthur L. Pressman Law Blog, Domestic Violence

Defending Domestic Violence Cases

If you’ve been charged with a domestic violence crime in New York State, the penalties and consequences on your life can be quite severe. You want an attorney experienced in defending domestic violence cases. You may be separated from your loved ones, your children, your spouse, your family, and your home. You may also spend time in jail, and you may have an order of protection issued against you to keep away from those you hold dear. It is important that you contact me immediately upon an arrest for any domestic-related charge. This could include assault, harassment, criminal mischief, criminal contempt, strangulation, or any abuse of children.

Defending Domestic Violence CasesThe most common cases of domestic violence are:

  • Assault: In New York, assault is commonly charged as a Class A misdemeanor. The charge of assault shows the intent to cause physical injury to another person or causing physical injury.
    • Assault in the second degree is a Class D felony in New York state, and it is punishable by up to seven years in a state prison. Someone who is charged with assault in the second degree has committed the crime of misdemeanor assault.
    • Someone who commits an assault in the third degree has physically assaulted another person, causing physical injury without that other person having given consent for the physical contact.

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  • Menacing: A person charged with criminal menacing is intentionally putting a person in reasonable fear of physical injury, imminent serious physical injury, or death. The penalty is a Class B misdemeanor offense in New York. The use of a deadly weapon classifies the allegation as a Class A misdemeanor. If you have previously been convicted of menacing within ten years preceding this charge, the charge is considered a Class E felony.
    • Menacing in the second degree is a Class A misdemeanor in New York State. When you place someone in fear by displaying – or attempting to display – a weapon or an imitation weapon, this is considered menacing. It is punishable by up to one year in jail
    • Menacing in the Third Degree is a Class B misdemeanor punishable by up to 90 days in jail. Menacing in the third degree occurs when a person instills fear in another person by means of threat or the display of a dangerous instrument.
  • Harassment: Harassment is charged if a person intentionally harasses another person by following that person in or around a public place or by engaging in a course of conduct that places the person in reasonable fear for physical injury. It can also include threatening or alarming another person, communicating with the other person by telephone or communicating with the other person in a manner that is likely to cause annoyance or alarm, making phone calls without a legitimate purpose or striking, shoving, or kicking someone.
  • Stalking: A person charged with stalking has caused reasonable fear or material harm to the physical health, safety or property of another person or has caused material harm to the mental or emotional health of another person through telephoning or initiating communication or contact with that person. Stalking charges can vary from Class B misdemeanors to Class E felonies.

The state of New York takes domestic violence crimes very seriously. Domestic violence is a criminal offense committed against a spouse, a former spouse, a person you live with, a person you have a child with or a person with whom you have intimate relations. Buffalo domestic violence lawyer Arthur L. Pressman, Attorney at Law has more than 30 years experienced defending domestic violence cases in the New York area. We ensure that your rights are fully protected and that you receive fair treatment. Call today to get a free confidential consultation!

 

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