When you think of domestic violence, you may only imagine a person being physically abused by their partner. However, domestic violence is not always visible, as it can take many forms, including sexual, financial, emotional, and psychological abuse. Unfortunately, domestic violence impacts many people. Domestic violence is a serious crime that often results in serious bodily injury, mental trauma, and even death. Many people wonder whether domestic violence is classified as a felony. Please keep reading to discover when domestic violence is considered a felony in New York, and learn how our seasoned Nassau County Criminal Defense Attorneys can vigorously defend you against criminal charges.
When is domestic violence considered a felony in New York?
In New York, domestic violence is defined as any act of violence that one person commits against a family member, spouse, or cohabitant to maintain control over them. Domestic violence does not have to involve people in a romantic relationship. Under the law, domestic violence is an umbrella term for various criminal offenses such as stalking, menacing, harassment, reckless endangerment, strangulation, assault, and sexual abuse. In New York, domestic violence may be charged as a misdemeanor if no aggravating factors exist, such as a prior conviction. However, a domestic violence charge can be elevated to a felony if you cause significant bodily injury to the victim or have a previous history of domestic abuse.
What are the potential penalties?
If you are charged with domestic violence, you will be subject to harsh penalties such as fines, probation, jail time, and a criminal record, depending on the nature of your crime. If you are charged with disorderly conduct, it will be classified as a violation. However, in most cases, domestic violence charges are classified as misdemeanor and felony offenses. A domestic violence charge is punishable by 15 days in jail and a fine of up to $250.
Furthermore, the most serious charges you can face are felony assault. If you are charged with felony assault for domestic violence, depending on the circumstances, it will be classified as a Class E felony with a maximum sentence of 4 years in prison and a fine of up to $5,000. The worst crimes committed in New York are classified under Class A felonies. If you are charged with a Class A-I felony, you can face life in prison and a fine of up to $100,000.
If you are charged with domestic violence, contact an experienced attorney at Grunwald & Seman, P.C. today. Our firm is prepared to defend your rights and interests vigorously. Allow our firm to represent you to maximize your chances of reaching a favorable outcome.
