Domestic ViolenceLawyer New York

Domestic violence charges in New York carry serious consequences affecting your freedom, employment, immigration status, custody rights, and reputation. Even first-time accusations can result in immediate arrest, temporary orders of protection, and criminal prosecution. These cases demand experienced legal representation to protect your rights and future.

At the Law Offices of Matthew Cohan, we provide strategic defense representation for clients facing all types of domestic violence charges throughout New York City and surrounding counties. We understand how prosecutors approach these cases and the unique challenges they present.

What Are Domestic Violence Charges in New York?

In New York, domestic violence refers to violent or abusive conduct committed against a family member, household member, or intimate partner. These offenses are prosecuted under various Penal Law sections depending on the severity and nature of the alleged conduct.

Domestic violence is not limited to physical assault. It encompasses a broad range of behavior including threats, harassment, stalking, sexual abuse, and violations of protective orders. The designation of an offense as "domestic violence" depends on the relationship between the parties, not the specific charge itself.

Common Domestic Violence Charges in New York

Assault

Assault involves intentionally or recklessly causing physical injury to a family or household member.

Assault in the Third Degree (PL § 120.00):

• Classification: Class A misdemeanor
• Elements: Causing physical injury knowingly or recklessly
• Penalties: Up to 1 year in jail, probation, fines, mandatory batterer's program

Assault in the Second Degree (PL § 120.05):

• Classification: Class D violent felony
• Elements: Causing serious physical injury or using a weapon
• Penalties: Up to 7 years in prison (indeterminate sentence of 2 to 7 years)

Assault in the First Degree (PL § 120.10):

• Classification: Class B violent felony
• Elements: Intent to cause serious physical injury with a weapon or under circumstances demonstrating depraved indifference to human life
• Penalties: 5 to 25 years in prison (mandatory minimum of 5 years)

Harassment

Harassment in domestic settings involves repeated unwanted contact, threats, or intimidation.

Harassment in the Second Degree (PL § 240.26):

• Classification: Violation (not a crime)
• Penalties: Up to 15 days in jail, fines up to $250
• Common allegations: Threatening conduct, offensive physical contact, repeated communications

Harassment in the First Degree (PL § 240.25):

• Classification: Class B misdemeanor
• Penalties: Up to 90 days in jail, probation, fines
• Common allegations: Repeated following, repeated communication causing fear

Menacing

Menacing involves intentionally placing a family or household member in fear of imminent physical injury.

Menacing in the Third Degree (PL § 120.15):

• Classification: Class B misdemeanor
• Penalties: Up to 90 days in jail

Menacing in the Second Degree (PL § 120.14):

• Classification: Class A misdemeanor
• Elements: Displaying a deadly weapon or dangerous instrument
• Penalties: Up to 1 year in jail

Menacing in the First Degree (PL § 120.13):

• Classification: Class E felony
• Elements: Prior conviction and displaying a deadly weapon
• Penalties: Up to 4 years in prison

Stalking

Stalking includes repeated following, unwanted communication, surveillance, or conduct that causes reasonable fear.

Stalking in the Fourth Degree (PL § 120.45):

• Classification: Class B misdemeanor
• Penalties: Up to 90 days in jail

Stalking in the Third Degree (PL § 120.50):

• Classification: Class A misdemeanor
• Penalties: Up to 1 year in jail

Stalking in the Second Degree (PL § 120.55):

• Classification: Class E felony
• Penalties: Up to 4 years in prison

Stalking in the First Degree (PL § 120.60):

• Classification: Class D felony
• Penalties: Up to 7 years in prison

Sexual Abuse and Forcible Touching

Sexual offenses within domestic relationships include non-consensual touching and sexual assault.

Forcible Touching (PL § 130.52):

• Classification: Class A misdemeanor
• Elements: Intentional sexual contact without consent
• Penalties: Up to 1 year in jail, mandatory sex offender registration in certain circumstances

Sexual Abuse in the Third Degree (PL § 130.55):

• Classification: Class B misdemeanor
• Penalties: Up to 90 days in jail

Sexual Abuse in the Second Degree (PL § 130.60):

• Classification: Class A misdemeanor
• Penalties: Up to 1 year in jail, mandatory SORA registration

Sexual Abuse in the First Degree (PL § 130.65):

• Classification: Class D violent felony
• Penalties: Up to 7 years in prison, mandatory SORA registration

Criminal Contempt and Violation of Orders of Protection

Violating an order of protection is prosecuted as criminal contempt.

Criminal Contempt in the Second Degree (PL § 215.50):

• Classification: Class A misdemeanor
• Elements: Intentional violation of an order of protection
• Penalties: Up to 1 year in jail, probation, fines
• Common violations: Contact with protected party, entering prohibited locations

Criminal Contempt in the First Degree (PL § 215.51):

• Classification: Class E felony
• Elements: Violation with aggravating factors such as prior convictions, displaying weapons, or causing injury
• Penalties: Up to 4 years in prison

Aggravated Criminal Contempt (PL § 215.52):

• Classification: Class D felony
• Elements: Causing physical injury or serious physical injury while violating order of protection
• Penalties: Up to 7 years in prison

Penalties for Domestic Violence Charges

Domestic violence convictions result in severe consequences:

Criminal Penalties:

• Jail or state prison sentences
• Probation with strict conditions
• Fines and mandatory restitution to victim
• Mandatory batterer intervention programs
• Mandatory orders of protection

Collateral Consequences:

• Permanent criminal record affecting employment opportunities
• Professional licensing restrictions or revocations
• Immigration consequences including deportation for non-citizens
• Loss of firearm rights
• Custody and visitation restrictions in family court proceedings
• Difficulty obtaining housing or loans
• Enhanced penalties for subsequent offenses

Even misdemeanor domestic violence charges carry federal firearms disabilities under 18 U.S.C. § 922(g)(9), prohibiting gun possession for life.

Orders of Protection

Domestic violence cases typically involve orders of protection issued in criminal court:

Temporary Orders of Protection:

Issued at arraignment and remain in effect throughout criminal proceedings. May include stay-away provisions, no-contact orders, or limited contact with conditions.

Final Orders of Protection:

Can be issued as part of sentence or plea agreement, lasting from one year to permanent duration depending on circumstances.

Violation Consequences:

Any violation, even if initiated by the protected party, can result in immediate arrest and additional criminal contempt charges.