Impact of Domestic Violence on a Family and New York Law
Domestic or family violence laws can be very complex and challenging to navigate. Because of this, hiring one of the best domestic violence lawyers in New York is crucial. They can help investigate the case and build an effective defense on your behalf.
New York domestic attorneys are well-versed in New York state laws, regulations, and proceedings, which can benefit your case. Although you can count on your domestic violence lawyer for the legal technicalities of your case, it’s still important to recognize the laws related to domestic violence cases.
In New York, the N.Y. Family Court Act § 812 is one of the primary laws related to domestic violence charges. This legal statute covers the definition of domestic violence and what makes a crime a valid domestic violence case. According to this statute, the court will consider the following factors before making a domestic violence charge:
The nature of the relationship between the defendant and the victim.
The frequency of interaction between two parties.
The duration of the relationship between the two parties.
It’s important to note here that domestic violence is not limited to crimes inflicted on a spouse. The court can award you with domestic violence charges if you hit your children, parent, extended family member, past intimate partner, or even a roommate.
Domestic violence is a criminal offense encompassing physical and emotional harm, intimidation, threats, stalking, or harassing behavior. It’s critical to contact an experienced New York domestic violence attorney as soon as possible if you’re accused of a domestic violence crime.
The Law Office of Gina Wicik is here to protect your rights and provide quality legal counsel tailored to meet your needs.
Experienced New York City Domestic Violence Lawyer Near You
With over decade of legal experience, The Law Office of Gina M. Wicik has helped countless domestic violence defendants in New York. Our accomplished attorneys understand the gravity of your situation and are dedicated to providing quality legal representation.
We provide free legal consultation to assess your case and develop an effective defense strategy tailored to meet your needs. With our skilled lawyers on your side, you can rest assured that we will make every effort to protect your rights as a defendant.
If you stumbled here, you might be tapping on your keyboard to find the “Best Domestic Violence Attorney near me in New York, NY.” Luckily for you, your search has come to an end. With The Law Office of Gina M. Wicik, you can expect the following services:
Meticulous case investigation: We’ll look thoroughly at the facts of your case and help uncover any evidence that can support your argument in court.
Experienced and confident representation: Our NYC domestic violence lawyer is well-versed in domestic violence proceedings. With our wealth of experience, we’ll craft a strong legal defense to ensure you receive fair treatment under the law.
Tailored criminal defense strategy: No two cases are the same. That’s why our experienced attorney will work with you to develop an effective legal strategy tailored to your unique case.
Penalties for domestic violence can be severe in New York. But with the right legal representation, you can rest assured that your rights and freedom will be well-protected.
Penalties for Domestic Violence
The penalty you could face from a domestic violence conviction varies depending on the nature of your case. If the court gives you a felony offense, you’ll face heavier and more expensive penalties compared to a misdemeanor offense.
In New York, your penalty is dependent on the severity of the offense. If given a misdemeanor domestic violence offense, you could face the following:
Class A misdemeanor: Up to one year in jail and a penalty fine of up to $1,000.
Class B misdemeanor: Up to 90 days or three months in jail and a penalty fine of up to $500.
The penalty for a felony domestic violence offense is more severe and often involves a life-long term:
Class A-1 felony: Between 15 years to a lifetime imprisonment.
Class A-2 felony: Between three years to a lifetime imprisonment.
Class B felony: A maximum of 25 years imprisonment.
Class C felony: A maximum of 15 years imprisonment.
Class D felony: A maximum of seven years imprisonment.
Class E: A maximum of four years imprisonment.
On top of that, you could also be penalized with a $5,000 penalty fine or higher, a restraining order, and extensive hours of community service. The court could even bar you from owning firearms for life.
At The Law Office of Gina M. Wicik, our experienced New York domestic violence attorney is here to help you through this time of difficulty. With our tenacity and experience, we can ensure that your rights will be respected and protected fairly under the law.
The Most Common
Types of Domestic Violence
The scope of domestic violence is vast. Different kinds of abuse fall under this umbrella, including psychological, emotional, and physical abuse. Here are some of the most common types of domestic violence in New York :
This type involves inflicting physical pain or injury on another person. It could be hitting, pushing, slapping, biting, restraining, kicking, burning, and other violent physical behavior.
This type involves using money to control another person. It could include taking control of the victim’s finances, restricting the victim from having access to their funds or making them give away their possessions.
Emotional and psychological abuse
This type involves manipulating a person through guilt, shame, humiliation, and other tactics to gain power over them.
Although sexual crimes are separate offenses from domestic violence, they can still be considered domestic violence if it happens within the household or among family members.
Abuse by immigration status
This is seen in many cases where the abuser is a naturalized citizen, and their partner is not. The abuser will threaten the victim with deportation or hide their passports if they do not comply with the abuser’s demands.
At The Law Office of Gina M. Wicik, our knowledgeable and experienced legal team is here to provide you with the legal representation you need. We can assess your case and help you find the best possible outcome.
Our principal attorney will ensure that your rights are respected throughout the entire legal process so that justice can be served and peace of mind restored. Contact us today for a free consultation.
Let Us Handle it
Reach out to an experienced lawyer and request a free initial consultation
We work closely with our clients to develop a comprehensive personalized defense
With years of experience and in depth knowledge of the court system, we have the expertise to fight for you
Top Rated New York Attorney
Gina is a get it done kind of person she took the time to explain the legal language to me and what I was signing. She was direct and answered all my questions. I would definitely hire Gina again
- Curtis Joseph
- Marvin Gibson
- Rafael Villa
- Robert Reichenbach
- Val Cata
- Katrina Gabriel
- Annette Acevedo
- Danko Martek
- Przemyslaw Kosobucki
- Fady Issa
- Levi Rabayev
- Patrick Zolciak
- JJ Cashflow
- Luke Z
- Michelle Stern
- Bri Fri
- Christine Marie
- Corey Staggers
- Keith Burton
- Valerie Holzhauer
- Ronnie Tague
- Bob DeSanctis
- Karen Mohammed
- Kenneth Lee
- Renzo Casaretto
- Joe Poueymirou