Domestic Violence
In New York, allegations of domestic violence are taken very seriously. Attorneys and defendants alike should expect domestic violence allegations to be prosecuted with the utmost zealously. A defendant charged with a domestic violence crime should have representation that is just as fierce.
We Protect The Rights of Our Clients
At Panetta Aminov, P.C., we take pride in providing that passionate representation to protect the rights of our clients. If you were charged with a domestic violence crime, or any other crime, contact us immediately at 631-446-441 for a free consultation.
New York And Domestic Violence
Domestic violence is hard to define because there is no crime called "domestic violence" in New York State law. Domestic violence is handled through the courts as a "family offense." A family offense is defined as certain acts/crimes in the Penal Law. To constitute a “family offense,” the defendant and the alleged victim must have been in an “intimate relationship.
An intimate relationship includes family or household members. But this definition also includes all kinds of close relationships. See Social Services Law Section 459-A. These close relationships include, but are not limited to:
- People legally married or divorced;
- People with a child in common, including adopted children;
- People related by marriage, like in-laws;
- People related by blood, like brothers, parents, cousins;
- Unrelated people who live, or have lived together for periods of time; or
- Unrelated people in or were in an intimate relationship (current or former), like same-sex couples and teens who are dating.
You can have an intimate partner relationship even if you don’t live with the person, even if the relationship is not sexual, and even if the relationship is over. Factors the court may consider when deciding if a relationship is an "intimate relationship" include:
- The nature or type of relationship;
- How often you see, or saw each other; and how long the relationship has gone on.
- A relationship with a casual friend or co-worker is not considered to be an intimate relationship.
Domestic Violence (DV) and
Integrated Domestic Violence (IDV) Courts
Some counties have special courts that focus only on domestic violence cases. The judge and people that work there are specially trained on domestic violence issues.
There are two types of special domestic violence courts:
- Domestic Violence (DV) Courts only handle cases with criminal domestic violence charges.
- Integrated Domestic Violence (IDV) Courts bring different related cases involving domestic violence in a family together in one place in front of one judge. The cases can be from criminal, family, and divorce courts.
Imprisonment and Fines
- For a class A-I felony, a defendant faces up to life imprisonment and $100,000.00 in fines.
- For a class A-II felony, a defendant faces up to life imprisonment and $50,000.00 in fines.
- For a class B felony, a defendant faces up to 25 years imprisonment and $30,000.00 in fines.
- For a class C felony, a defendant faces up to 15 years imprisonment and $15,000.00 in fines.
- For a class D felony, a defendant faces up to 7 years imprisonment and $5,000.00 in fines.
- For a class E felony, a defendant faces up to 4 years imprisonment and $5,000.00 in fines.
- For a class A misdemeanor, a defendant faces up to 364 days imprisonment and $1,000.00 in fines.
- For a class B misdemeanor, a defendant faces up to 3 months imprisonment and $500.00 in fines;
Let Our Experienced Legal Team Go To Work For You
Our founding partners, Frank Panetta, and Ariel Aminov have extensive experience as personal injury lawyers in New York State. Our firm have won millions of dollars in personal injury compensation for our clients. Let our legal team give you the peace of mind and legal experience to help with your recovery.
Contact us for a consultation (631) 446-4411.
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