Domestic Violence

Domestic Violence has immediate and serious consequences.  If you are facing Domestic Violence charges, you should contact a lawyer as soon as possible.

For example, in all Domestic Violence cases, a court will issue an order of protection to keep the alleged abuser away from the victim. It can include orders prohibiting ALL contact with the victim.  This means that the defendant, often, can no longer live in the same place as the complainant and the defendant is left scrambling to find accommodations. This happens all too frequently and that is why we are here to help.

Domestic Violence is a large term that has many different definitions in New York State.  First, there is an incident that occurs between people who are related or who have an intimate relationship, such as marriage, dating, or former partners. It can also occur in social relationship, for example, when two people live together.

Second, you may be facing any of the following types of charges.

Assault 

Assault is defined as causing physical injury, recklessly causing physical injury, or attempting to cause physical injury to another person. In New York, you can be charged with several types of assault in conjunction with a family violence case depending on the severity of the conduct and whether a weapon was used.

• NY Penal Law 120.00 – Third Degree Assault – Class A Misdemeanor
• NY Penal Law 120.02 – Reckless Assault of a Child – Class D Felony
• NY Penal Law 120.05 – Second Degree Assault – Class D Felony
• NY Penal Law 120.10 – First Degree Assault – Class B Felony

Harassment

Harassment is defined as any communication, physical conduct or gesture intended to annoy, alarm, or threaten another person. It can be charged in connection with a domestic violence matter when someone knowingly engages in behavior that causes fear of harm to the other party.

Harassment charges in domestic violence cases may include:

• NY Penal Law 240.26 – Harassment in the Second Degree – Violation
• NY Penal Law 240.25 – Harassment in the First Degree – Class B Misdemeanor
• NY Penal Law 240.30 – Aggravated Harassment in the Second Degree – Class A Misdemeanor
• NY Penal Law 240.31 – Aggravated Harassment in the First Degree – Class E Felony

Criminal Contempt (Ignoring Orders of Protection)

Violating an order of protection can result in criminal contempt charges.

Criminal Contempt charges in domestic violence cases may include:

• NY Penal Law 215.50 – Criminal Contempt in the Second Degree – Class A Misdemeanor
• NY Penal Law 215.51 – Criminal Contempt in the First Degree – Class E Felony
• NY Penal Law 215.52 – Aggravated Criminal Contempt – Class D Felony

Menacing

Menacing is defined as putting another individual in fear of physical injury or death. It can be charged when one threatens the other party with physical harm, either verbally or through their conduct.

Menacing charges in domestic violence cases may include:

• NY Penal Law 120.15 – Menacing in the Third Degree – Class B Misdemeanor
• NY Penal Law 120.14 – Menacing in the Second Degree – Class A Misdemeanor
• NY Penal Law 120.13 – Menacing in the First Degree – Class E Felony

Stalking

Stalking is defined as engaging in a course of conduct that puts another person in reasonable fear for their safety. Stalking can include a variety of activities such as making repeated phone calls, following the other party, or sending unwanted gifts.

Stalking charges in domestic violence cases may include:

• NY Penal Law 120.45 – Stalking in the Fourth Degree – Class B Misdemeanor
• NY Penal Law 120.50 – Stalking in the Third Degree – Class A Misdemeanor
• NY Penal Law 120.55 – Stalking in the Second Degree – Class E Felony
• NY Penal Law 120.60 – Stalking in the First Degree – Class D Felony

Strangulation

Strangulation is defined as intentionally impeding the breathing or blood circulation of another person. This type of crime can result in serious physical injury and even death and can carry significant jail time if convicted.

Strangulation charges in domestic violence cases may include:

• NY Penal Law 121.11 – Obstruction of Breathing or Blood Circulation – Class A Misdemeanor
• NY Penal Law 121.12 – Strangulation in the Second Degree – Class D Felony
• NY Penal Law 121.13 – Strangulation in the First Degree – Class C Felony

Amanda Ambrose has handled hundreds of Domestic Violence cases and is happy to assist anyone in their defense by providing thorough investigations, negotiations, and resources for anyone facing these charges.