Is domestic violence a felony in New York?

Often, people hear the term “domestic violence” and immediately assume that someone physically abused their partner. However, domestic violence is an umbrella term, meaning several criminal offenses can fall under domestic violence. In New York, domestic violence offenses are taken very seriously, as they can negatively impact an entire family. Depending on the nature of the crime, they can be classified as misdemeanor or felony offenses. Therefore, they carry harsh penalties, including fines, lengthy prison sentences, and criminal records. If you are facing domestic violence charges, please get in touch with an experienced Rockland County Domestic Violence Attorney who can help defend your case to prevent harsh penalties. Keep reading to learn about the potential penalties for domestic violence in New York. 

What is domestic violence in New York?

Domestic violence typically refers to repetitive, abusive behavior that one uses against their partner to gain or maintain power over them in their relationship. Unfortunately, domestic violence can be physical, emotional, psychological, sexual, or economic abuse. This criminal offense can involve one or more incidents of either threatening to cause harm or causing harm to another person that you are in a domestic relationship with. This includes those legally married, divorced, have a child together, are in a romantic relationship, and are related by blood or marriage.

In New York, law enforcement officers must make mandatory arrests when felony domestic violence has been committed, an order or protection has been violated, or an individual disobeys a protective order. Victims are often granted a Temporary Order of Protection if accused of domestic violence. This means you must abide by the terms of the order for the duration of the time the order is in effect. Typically, the terms include keeping a certain distance from the victim and refraining from contacting them in any way. If you violate the terms, you will face serious repercussions.

What penalties could I face for a felony?

In New York, if you are charged with domestic violence, your penalties will vary in severity depending on the nature of the offense and whether there are any aggravating factors. If you are charged with felony domestic violence, which includes crimes involving severe bodily harm such as sexual or aggravated assault, you could face the following penalties:

  • Class E felony: up to 4 years in prison and a fine of up to $5,000
  • Class D felony: up to 7 years in prison and a fine of up to $5,000
  • Class C felony: up to 15 years in prison and a fine of up to $15,000
  • Class B felony: up to 25 years in prison and a fine of up to $30,000
  • Class A-II felony: life in prison and a fine of up to $50,000
  • Class A-I felony: life in prison and a fine of up to $100,000

If you are charged with felony domestic violence, it will result in a criminal record, negatively impacting your future. If you have been charged with felony domestic violence, contact The Law Office of Carl Spector today. Our firm is prepared to defend your case to help protect you from harsh penalties. If you have been falsely accused, we will do everything possible to help you clear your name.