Domestic Violence
New York State law does not specifically define domestic violence but it governs the related offenses as a series of coercive and abusive behaviors intended to intimidate and control family members or intimate partners. These actions can be physical, psychological, emotional, sexual, or economic in scope and effect. New York State law requires law enforcement officials to make mandatory arrests when confronted with evidence of domestic violence. In some cases, this leads to innocent people being charged on the basis of a false accusation or evidence attributable to other causes such as bitter breakup with a vindictive partner, a contentious divorce or a child custody and/or visitation disagreements.
For the most part, the victim is:
- Related to the accused
- A current or former spouseLives with the accused
- Has a child in common with the accused
- In an intimate relationship with the accused
Domestic Violence related felonies and misdemeanors that our office has handled:
- Assault
- Aggravated harassment
- Aggravated criminal contempt
- Stalking
- Menacing
- Strangulation
- Criminal Trespass
- Criminal Mischief
- Reckless Endangerment
- Endangering the welfare of a child
Penalties
The Judge’s responsibility in domestic violence cases is to ensure the safety and well-being of the alleged victim. There are a broad range of domestic violence penalties under New York State law including but not limited to incarceration, fines, permanent and temporary orders of protection, anger management courses and counseling. If you are convicted of a domestic violence related offense, not only does it stigmatize your reputation but it also has collateral consequences.
A domestic violence conviction may affect your ability to:
- Lawfully possess a firearm
- Maintain and/or obtain employment
- Ability to visit your children
- Ability to obtain financial aid for higher education
- Retain and/or obtain public housing
- Retain and obtain professional licenses and certifications
- Retain and obtain visas and green cards
Experienced New York Domestic Violence Attorney
If you have been arrested and charged with any domestic violence related offenses, it is in your best interest to obtain experienced legal counsel. Mr. Garcia is a seasoned litigator who has handled hundreds of domestic violence cases, both as a Prosecutor and as a defense attorney throughout the State of New York. Mr. Garcia’s substantial experience as a prosecutor provides an irreplaceable first-hand perspective of how prosecutors and law enforcement officials develop and investigate cases, which is essential to providing a strong successful defense.
The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.