If you’ve been arrested and are now facing domestic violence charges in Middletown, NY, you may be feeling anxious and uncertain about your next steps. Contact Larkin Ingrassia Criminal Defense Attorneys, at (845) 566-5345 to schedule a free consultation with a Middletown domestic violence attorney.
A domestic violence conviction can come with serious consequences, such as restraining orders, fines, or even jail time. Even accusations without a conviction can affect your life in significant ways. It’s important to address these allegations head-on and know your rights under the law.
If you’re facing these charges in Middletown, New York, reach out for help right away.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested For Domestic Violence in Middletown, NY
Domestic violence charges are incredibly serious, even if you aren’t convicted. If you’re facing these charges in Middletown, NY, you need a defense attorney right away.
Larkin Ingrassia Criminal Defense Attorneys, has been in operation for more than 35 years. Our law firm has a team of Middletown criminal defense lawyers with more than 50 years of combined experience who are dedicated to protecting their clients’ rights.
Here’s how we can help:
- Investigation: We thoroughly investigate the details of the alleged incident, reviewing police reports, witness accounts, and any video or photographic evidence.
- Evidence: We challenge problematic evidence or procedures, aiming to weaken the prosecution’s case and protect your constitutional rights.
- Defense: We explore all defense strategies, including self-defense or wrongful allegations, and argue them firmly on your behalf.
- Family court: If necessary, we can refer you to colleagues who regularly handle issues such as family offenses, child custody, and visitation.
- Plea bargain: We focus on reducing or dismissing charges whenever possible, helping to minimize the impact on your personal and professional life.
If you have any questions about domestic violence charges in Middletown, New York, we’re here for you. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with a Middletown criminal defense attorney.
Overview of Domestic Violence in New York
Domestic violence cases in New York are governed by specific laws designed to address disputes and crimes within domestic relationships. New York is unique in that both family courts and criminal courts can handle family offense cases, such as assault, stalking, or sexual abuse. This means charges may be filed in one court or, in some cases, both.
Family court generally focuses on civil matters, such as custody and protection orders, while criminal court handles charges that could result in penalties like fines, probation, or imprisonment.
Domestic Violence is Not a Standalone Charge
Domestic violence is not a standalone charge in New York. Instead, it refers to a category of offenses that happen within certain relationships. These can include crimes such as assault, menacing, stalking, strangulation, or sexual assault. Each charge is handled based on the underlying allegations.
Understanding the Domestic Relationship
Domestic violence charges apply when the individuals involved share a particular type of relationship. This includes people who are related by blood or marriage, those who share a household, couples who have a child together, and individuals who are currently or were previously in an intimate relationship.
By knowing how domestic violence cases are structured in New York, defendants can begin to identify the steps they need to take to address the charges.
What Are the Penalties For Domestic Violence in Middletown, New York?
Penalties for a domestic violence conviction can range from a simple violation to a felony that carries years in prison. Below is an overview of possible outcomes and the penalties associated with them.
Order of Protection
Once you’re arrested, a court is likely to issue an Order of Protection that bans contact with the victim, restricts you from having a gun, and may prohibit harming or removing pets from the home.
Violations and Misdemeanors
Some examples of penalties for violations and misdemeanors include:
- Disorderly Conduct (Violation): Up to 15 days in jail and a $250 fine
- Menacing (Class B Misdemeanor): Up to 3 months in jail and a $500 fine
- Third-Degree Assault (Class A Misdemeanor): Up to 1 year in jail and a $1,000 fine
While these aren’t as serious as felony offenses, they still carry jail time, so speaking with a domestic violence lawyer in Middletown right away is important.
Felony Level Offenses
Felony level offenses carry significantly higher penalties, including:
- Stalking (Class E Felony): Up to 4 years in prison and a $5,000 fine
- Assault (Class D Felony): Up to 7 years in prison and a $5,000 fine
- First-Degree Strangulation (Class C Felony): Up to 15 years in prison and a $15,000 fine
- Rape (Class B Felony): Up to 25 years in prison and a $30,000 fine
- Predatory Sexual Assault (Class A-II Felony): Life in prison and a $50,000 fine
- Murder (Class A-I Felony): Life in prison and a $100,000 fine
Given the potential severe consequences of a felony conviction, it’s important to talk to a domestic violence attorney as soon as possible.
Sex Offender Registration
If the offense qualifies as a sex crime, you must also register as a sex offender. Registration can last at least 20 years or even a lifetime, in some cases, and failing to comply can lead to new felony charges.
If you’re facing domestic violence charges, take them seriously. A legal professional can help explain the charges and penalties you’re facing.
What Defenses Can Be Raised if I’m Arrested For Domestic Violence?
Below are a few potential defenses your lawyer might explore, along with some ways to show they apply to your case.
Self-Defense
If you claim self-defense, you must demonstrate that you felt threatened and only used force to protect yourself from immediate harm. Visual evidence, like photos of injuries or witness statements showing the other person was the aggressor, can support your claim. Sometimes, a medical examination can confirm injuries consistent with defensive actions.
Intentional False Allegations
Sometimes, the accuser has a motive to lie – for issues like revenge, child custody, or other personal conflicts. If so, evidence might include electronic evidence like text messages and social media posts or witnesses who can confirm you were not violent or that the other party fabricated details. Thoroughly checking previous records for signs of similar false accusations can also help.
Wrong Person
In some cases, the alleged victim or witnesses may have identified the wrong person who caused the harm. To prove you’re not the right suspect, you could provide surveillance footage, credit card receipts showing where you were at the time of the offense, or third-party statements confirming your location. Any documentation that places you away from the incident can be crucial here.
Insufficient Evidence
The prosecution must prove its case beyond a reasonable doubt, and if they can’t, you’re entitled to an acquittal. For example, the accuser might not have any physical injuries or refuse to testify. Or, there may be no witnesses, no police reports detailing the events, and no other evidence linking you to the alleged crime. In these cases, your lawyer might argue that the lack of evidence fails to establish guilt beyond a reasonable doubt.
If you’re facing domestic violence charges, it’s a good idea to contact a criminal defense lawyer as soon as you can. They’ll help you gather evidence and present the defense that is best for your situation.
Schedule a Free Case Evaluation With Our Middletown Domestic Violence Lawyers
If you’ve been arrested for domestic violence in Middletown, understanding your options and potential defenses is critical. These cases can have serious consequences, affecting your personal life and your freedom. Although the penalties can be steep, each situation is unique, and you may have valid defenses. Taking immediate action to protect yourself by seeking legal help can make a substantial difference.
If you have questions or need guidance about your case, reach out for professional assistance as soon as possible. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with a Middletown domestic violence attorney.