Nassau County Domestic Violence Lawyer

Few accusations are as serious, or as immediately life-altering, as an allegation of domestic violence. One phone call. One argument that spiraled. One moment that perhaps should have ended differently. And suddenly, you may find yourself in handcuffs, standing before a judge, facing criminal charges that can carry consequences far beyond what you initially imagined. Domestic violence charges are taken extremely seriously by law enforcement, prosecutors, and the courts. In many cases, once the police are called to the scene, an arrest will follow if officers believe there is probable cause, even if the alleged victim later insists that no arrest should have been made. If you find yourself accused of domestic violence, you need a competent Nassau County criminal defense lawyer in your corner. Fortunately, if you’re reading this, you’re in the right place. Contact KCS Law for a free consultation today.

Domestic Violence Defined Under New York Law

Contrary to what many people believe, there is no single statute in New York titled “domestic violence.” Instead, domestic violence refers to certain criminal offenses committed between individuals who share a qualifying relationship under New York Criminal Procedure Law § 530.11.

Under this statute, a case may be treated as a domestic violence or “family offense” matter when the alleged incident occurs between:

• Current or former spouses
• Individuals who share a child in common
• Persons related by blood or marriage
• Individuals who are or have been in an intimate relationship

The phrase “intimate relationship” does not require marriage or even cohabitation. Courts consider the nature of the relationship, its duration, and the frequency of interaction. Even individuals who dated for a period of time may fall within this definition.

Once a relationship qualifies under the statute, certain criminal charges may be prosecuted as domestic violence offenses. These frequently include:

• Assault in the Third Degree under New York Penal Law § 120.00
• Criminal Obstruction of Breathing or Blood Circulation under Penal Law § 121.11
• Menacing under Penal Law § 120.14
• Harassment in the Second Degree under Penal Law § 240.26
• Criminal Mischief under Penal Law § 145.00
• Stalking under Penal Law § 120.45

Penalties for Domestic Violence Charges in NYS

The penalties you may face will depend entirely on the specific charge, whether it is classified as a violation, misdemeanor, or felony, and whether you have prior convictions. That being said, the potential consequences are very real. Some of the penalties associated with common domestic violence charges are as follows:

• Harassment in the Second Degree (Violation):
  • Up to 15 days in jail
  • Conditional discharge for up to one year
  • Court-ordered counseling or anger management
• Assault in the Third Degree (Class A Misdemeanor):
  • Up to 1 year in county jail
  • Up to 3 years of probation
  • Fines of up to $1,000
  • Mandatory court surcharges
• Criminal Obstruction of Breathing (Class A Misdemeanor):
  • Up to 1 year in jail
  • Probation supervision
  • Mandatory participation in a batterer’s intervention program
• Assault in the Second Degree (Class D Felony):
  • Up to 7 years in state prison
  • Post-release supervision
  • A permanent felony record

In addition to incarceration and fines, courts routinely issue Orders of Protection at arraignment. These orders can require you to stay away from your home, avoid contact with the alleged victim, and refrain from any communication whatsoever.

The Consequences of Violating a Protective Order in NYS

An Order of Protection is not a suggestion. It is a direct order from a judge. Violating that order can result in additional criminal charges, even if the alleged victim initiates contact with you. If a protective order is violated, you may face the following consequences:

• Criminal Contempt in the Second Degree (Class A Misdemeanor)
  • Up to 1 year in jail
  • Probation for up to 3 years
  • Additional fines and penalties
• Criminal Contempt in the First Degree (Class E Felony)
  • Up to 4 years in state prison
  • Felony conviction
• Aggravated Criminal Contempt (Class D Felony)
  • Up to 7 years in state prison if physical injury is alleged

In many cases, an alleged violation will result in immediate arrest. Bail may be revoked. You may be remanded into custody. The court may also extend or strengthen the existing order.

Something as simple as a text message, a phone call, or asking a mutual friend to relay a message can be considered a violation, depending on the terms of the order. That is why strict compliance is essential.

Best Defenses Against Domestic Violence Accusations

Of course, the specific defense we use will depend largely on the circumstances of your case, but some of the most effective defenses commonly used in domestic violence cases are as follows:

• False Allegations: In emotionally charged situations, accusations may be made out of anger, jealousy, or during divorce or custody disputes. Evidence such as prior messages, inconsistencies, or witness testimony can be used to demonstrate motive to fabricate.
• Self-Defense: Under New York Penal Law § 35.15, individuals are permitted to use reasonable force to protect themselves from imminent harm. If you acted to defend yourself, that may serve as a complete defense.
• Lack of Physical Evidence: If there are no documented injuries, no photographs, and no corroborating witnesses, the prosecution’s case may rely solely on testimony. This can create reasonable doubt.
• Inconsistent Statements: Changes in the complainant’s account, contradictions in 911 recordings, or discrepancies in police reports can significantly weaken the prosecution’s case.

Contact a Long Island Domestic Violence Defense Lawyer

Don’t face domestic violence charges on your own. The legal team here at KCS Law stands ready to defend your future and freedom. Contact a Nassau County domestic violence lawyer from our firm for a free initial consultation today so we can begin building your defense.