What Are The Penalties If Someone Is Found Guilty Or Plead To The Charge Of Domestic Violence In New York State?
It depends on what the charge is. The sentencing statutes are fairly clear. If it’s a misdemeanor, there are certain parameters that you can get sentenced to. These can range anywhere from nothing, an unconditional discharge, a conditional discharge, the payment of a fine, probation, jail or a combination.
In domestic violence cases, if some sort of a domestic violence act actually occurred, a lot of times, the actor or the defendant is sent to an anger management class or for therapy to help support a plea disposition. The plea disposition could be to a non-criminal disposition, some sort of a violation, or nothing at all. In many cases, it’s with the outcome that this would never happen again, but it’s no guarantee.
That’s why it’s so important to have a lawyer who handles domestic violence cases, who is involved in the criminal justice system, who has been around for quite some time, and who has the experience and the expertise to do it. This is important because a lot of times, the occurrence is brought on by emotion.
This is common in divorce cases where someone is so angry that they lose their control and they did whatever it was, whether it’s an assault or maybe they broke something or they threw something against the walls. An experienced attorney will be able to work it out by just getting some therapy, or counseling, and making the criminal case go away without having lasting repercussions against them.
Can The Prosecution Introduce Evidence Of A Defendant’s Past Domestic Violence?
If there is a trial, then there are certain rules that the prosecution has to go by as to what can be introduced, if anything, from the person’s past whether it’s a domestic violence act or not. However, in plea negotiations, in conferences with the court and talking to the police, not only can they use any past domestic violence charges, but they will bring out that this person has extensive history of domestic violence.
They’ll bring all of these things together to try and find the disposition that the prosecution wants. For the defense attorney, it depends on if the client has been cooperative with the attorney. They didn’t talk to the police. Then the attorney can handle the case and defuse the past as best as they can. However, if there is a trial, depending on what the charge is currently and what the charges or convictions were in the past, some may or may not be able to be brought up in front of the trier of the fact, whether it’s a jury or a judge.
What Should Someone Do And What Should They Expect Once Charges Are Actually Filed Against Them?
Once the charges are filed, the person will be in the criminal justice system. They’ll definitely need to get an attorney who is experienced, who has the expertise in the criminal system and who has the expertise in dealing with domestic violence charges.
An assault case is an assault case. If you punch somebody in their nose, that’s an assault case. If you punch somebody in the nose who happens to be somebody with whom you had a relationship, you’re going to go through the domestic violence courtroom. There is a little bit of difference there but you can expect that your case will take some time. You’ll be going back and forth the court, there will be an order of protection, there will be an investigation that is conducted. The lawyer may help the accused person get the counseling.
Even if the person says they don’t need counseling, the attorney will always go out for an evaluation, to find out if they do need counseling or maybe they really don’t. However, that’s for a counselor to decide, it’s not for the lawyer and it’s certainly not for the accused to decide whether they need counseling. They are involved in this situation. They also need to have patience and let the lawyer help them and walk them through the system.
If you need information about the Consequences Of A Domestic Violence Charge In New York State, call the law office of Eric Sachs for a free initial consultation at (516) 679-0400 and get the information and legal answers you’re seeking.