NYC
Domestic Violence
Lawyer
Domestic Violence Defense Attorney in New York City
In the state of New York, family and criminal courts hold concurrent jurisdiction over “family offenses” such as assault, sexual abuse, and stalking. This means that charges may be filed in either court and in some cases, both. It is possible for civil charges to be levied in family court while criminal charges are pursued in front of a criminal judge. When you are facing criminal or civil domestic violence charges, you need a NYC domestic violence lawyer by your side.
In domestic violence cases, it is not uncommon for victims to apply for orders of protection which are designed to limit or prevent defendants who have been charged from making contact with spouses or children who may reside at the location where the pending case occurred. This can significantly complicate family law cases and lead to additional criminal consequences for those who violate these laws.
Hire a Domestic Violence Lawyer to Defend Your Interests
The attorneys at the Law Offices of Robert Tsigler, PLLC, have substantial experience in criminal defense and family law. We understand the delicate and complicated nature of these cases and work to defend you against accusations and charges.
It is crucial that you take action to secure a defense against criminal charges and protect yourself against claims made in civil court. Each of these actions can affect your future, from criminal penalties to the limitations of a protective order. You need experienced legal representation. Our firm can support you in these cases, protecting your future and your family.
Our firm helps you through each step of the civil or criminal process. The New York City criminal court has seven court locations. One of these locations, the Midtown Community Justice Center, is located at 14 West 54th Street. The Law Offices of Robert Tsigler, PLLC, has significant experience in local courts throughout New York City.
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The Scope of Domestic Violence Charges
There are many unique charges which can be encompassed within a domestic violence case. In the state of New York, domestic violence is a descriptive term rather than a specific crime carrying sentencing guidelines in and of itself. Domestic violence may be the result of an assault, sexual assault, menacing, stalking, strangulation, or other charge involving people engaged with a current or previous domestic relationship.
This term describes crimes which occur between:
- Individuals who are related or who share an affinity due to housing
- Individuals who are married or involved with a domestic partnership
- Individuals who were formerly married or involved with a domestic partnership
- Individuals who have had a child together
- Individuals who were formerly involved with an intimate relationship together
In the state of New York, domestic violence charges are considered very serious offenses and it is essential to secure the legal representation of a knowledgeable New York criminal defense lawyer who will fight to protect your rights.
A Recent Case Result From the Law Offices of Robert Tsigler, PLLC
NYC Domestic Violence Case Results
Domestic Assault Dismissal
Where Handled: Manhattan Criminal Court
Facing misdemeanor charges and a restrictive order of protection, the client was caught in a domestic cross-complaint. Counsel gathered evidence of the client’s own injuries and presented a defense that effectively challenged the prosecution’s claims.
Result: Case Dismissed
Timeline: ~2 Months
Felony Domestic Allegations
Where Handled: Westchester County Criminal Court
A serious felony charge put the client’s freedom and record at risk. Through aggressive motion practice and negotiations, the defense secured a reduction in charges and an ACD resolution, ensuring the matter remained non-criminal and sealed.
Result: Reduced, ACD & Sealed
Timeline: ~10 Months
Common Defenses Against a Domestic Violence Charge
No two domestic violence cases are the same, but a few defenses come up often, including:
Lack of Proof: The prosecution must prove its case beyond a reasonable doubt. If there are holes or contradictions in the story, an experienced lawyer can use them to your advantage.
Wrong Suspect: If you were somewhere else when the incident happened, an alibi, witness, or timestamped photo or video can support your defense.
Intentional False Accusation: Some accusations have nothing to do with real violence. This is common in divorce cases, where a spouse may claim abuse to gain money or custody. Finding inconsistencies in the accuser’s story is key to a false accusation defense.
Self-Defense: If you struck back only to protect yourself from an attack, this may count as self-defense. This defense gets harder to use if you started the confrontation.
Criminal Penalties for Domestic Violence
Domestic violence charges in New York range from a class B misdemeanor up to a class B felony. For example, fourth-degree stalking is a class B misdemeanor, first-degree menacing is a class E felony, and first-degree assault is a class B felony. Here is what each classification can mean for you:
Class B Misdemeanor: up to three months in jail and a fine of up to $500.
Class A Misdemeanor: up to 364 days in jail and a fine of up to $1,000.
Class E Felony: up to four years in prison and a fine of up to $5,000. Violent offenses carry a minimum of 1.5 years.
Class D Felony: up to seven years in prison, with a two-year minimum for violent offenses, and a fine of up to $5,000.
Class C Felony: up to 15 years in prison, with a three-and-a-half-year minimum for violent offenses, and a fine of up to $15,000.
Class B Felony: up to 25 years in prison, with a five-year minimum for violent offenses, and a fine of up to $30,000.
Some specific offenses carry even higher minimum and maximum sentences.
What Happens After a Domestic Violence Arrest
If a police officer believes that domestic violence occurred, New York law requires an immediate arrest unless the police officer reasonably believes the person was acting in self-defense. This is true whether the charge is a felony or a misdemeanor.
A conviction can affect more than your freedom. It can affect a professional license you hold. If you are not a U.S. citizen, it can also affect your ability to stay in the country.
Courts also issue orders of protection in most domestic violence cases. These orders can stop you from contacting the alleged victim, require you to stay a certain distance away, or force you to move out of a shared home. Some orders require you to surrender any firearms you own.
Frequently Asked Questions
What counts as domestic violence in New York?
New York does not have a separate domestic violence crime. It is a label added to charges like assault, menacing, stalking, or strangulation when the people involved are family, partners, or former partners.
Will I go to jail for a first domestic violence charge?
Not always. Some first-time cases end in a reduced charge, a dismissal, or a program like an Adjournment in Contemplation of Dismissal instead of jail time.
Can the case go forward if the alleged victim will not press charges?
Yes. In New York, the district attorney’s office decides whether to prosecute, not the alleged victim.
How do I get an order of protection lifted or changed?
You or your lawyer can ask the court to modify or vacate the order. Courts are more likely to agree once the case is resolved or if the alleged victim supports the change.
Does a domestic violence charge affect my immigration status?
It can. Certain convictions can lead to removal proceedings or block a path to a green card, even for lawful permanent residents.
Is domestic violence a felony or a misdemeanor?
It depends on the underlying charge and the harm involved. The same conduct can be a misdemeanor in one case and a felony in another, based on injury, weapon use, and criminal history.
What should I do immediately after a domestic violence arrest?
Stay silent, do not sign anything, and ask for a lawyer right away. Anything you say to the police can be used against you later.
What is the difference between a criminal case and a family court case for domestic violence?
A criminal case can lead to jail time and a criminal record. A family court case deals with orders of protection, custody, and related civil issues. The same incident can lead to both at once.
The Law Offices of Robert Tsigler, PLLC Is Ready to Fight for You
Domestic violence charges are serious and can lead to fines, loss of a professional license, or jail time. Now is the time to protect your rights.
Contact us today at 718-878-3781 to schedule your consultation, or visit our contact page
Representing Clients Across NYC
- Brooklyn Domestic Violence Defense
- Queens Domestic Violence Defense
- Staten Island Domestic Violence Defense
- Manhattan Domestic Violence Defense
- Bronx Domestic Violence Defense
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As domestic violence cases rise, the amount of false accusations do too. Males are usually the targets of false allegations from significant others. It’s hard to say why an accuser would falsely accuse you. There can be numerous motivations, such as doing it out of spite, desire for monetary reward in a divorce settlement, receiving full custody of a child, or more.
Regardless of why you are being falsely accused, our NYC domestic violence attorneys can help. We have a great track record when it comes to DV cases, and can help highlight any contradictions in the prosecution’s case as evidence of a false accusation.
In New York, both the family courts and the criminal courts have concurrent jurisdiction over domestic violence cases. Those offenses are broken down into four basic sections in the New York Penal Code. Those are assault in Sections 120-120.12, menacing in Sections 120.13 to 120.15, stalking in Sections 120-145-160 and strangulation in Sections 121.11 to 121.14.
The New York Unified Court System uses a broad generic definition for what constitutes domestic violence. It consists of a an instance or pattern of coercive behavior that might include physical, sexual, psychological, economic and emotional behavior by one person against an adult or child family member or intimate partner coupled with the goal of establishing and maintaining power and control over the victim. The alleged victim need not be a present or past intimate partner of the accused either. The courts also recognize the rights of family members and roommates sharing a residence.
If a police officer responds to a call and has a reasonable belief that either felony or misdemeanor domestic violence has occurred, New York requires the immediate arrest of the suspect. Along with potential incarceration, such a conviction can impact any professional licenses that a person might have. Individuals who are conditional or permanent residents of the United States should be aware of the fact that a domestic violence conviction can also impact their ability to remain in the country.
A person commits an assault when he or she causes physical harm to another person. The intent to commit physical harm or injury isn’t an element of the offense. For example, hitting a spouse, intimate partner, a child or other family member constitutes a domestic assault. There are different levels of assault ranging from misdemeanors to felonies.
The crime of menacing involves threatening a person with physical harm so that the victim is in fear of actual physical injury. It consists of the threat and resulting reasonable fear of an actual physical assault. The threat must be accompanied by a physical act, and the intended victim is required to be aware of the threat.
If you follow a boyfriend, girlfriend, ex-boyfriend, ex-girlfriend or present or former intimate partner around, or you communicate with that individual in a manner that triggers their reasonable fear for their own safety, you’ve committed the crime of stalking. There are four degrees of the crime. Stalking in the first degree is a felony.
If one individual grabs another person by the neck, he or she can be charged with strangulation. The crime involves interfering with the breathing or blood circulation of another person. Second degree strangulation occurs when interference with breathing or blood circulation causes the victim to become faint, lose consciousness or suffer a physical injury. First degree strangulation is charged if the victim suffers a serious injury.
If you’re charged with a crime of domestic violence in New York, one of the first steps that a court will take will be the issuance of an order of protection in favor of the alleged victim and against you. The purpose of such an order is to protect the alleged victim from further threats, harassment, intimidation or physical harm. The protection authorized by such an order can be broad. It might provide for no direct or indirect communication with the victim or other protected persons, remaining a certain distance from him or her, moving out of any shared residence with the victim or even surrendering any firearms that you might possess.
If you’ve been taken into custody on allegations of domestic violence in any of New York’s boroughs, don’t give a statement or confession of any kind. They’ll only be used against you. Immediately invoke your right to an attorney. Contact the Law Offices of Robert Tsigler, PLLC at (718) 878-3781 to arrange for a consultation and case review. There are two sides to every domestic violence case, and we’ll listen to your side of the story carefully. After that, we’ll answer your questions and advise you of your complete range of legal choices. Call us right away after any domestic violence arrest.
The Domestic Violence Law firm of Robert Tsigler, PLLC is Ready to Fight for You!
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