Can You Be Arrested for Domestic Violence in New York?

Understanding New York's Mandatory Arrest Law for Domestic Violence

Domestic violence is a serious issue that affects millions of people across the United States. In New York, the law takes a strong stance against domestic violence, with a "mandatory arrest" policy in place. This means that if the police are called to a domestic violence incident and have probable cause to believe an act of domestic violence has occurred, they are required to make an arrest, even if the alleged victim doesn't want to press charges.At Spodek Law Group, we understand how overwhelming and frightening it can be to face domestic violence charges in New York. Our experienced attorneys have helped countless clients navigate the complex legal system and fight for their rights. In this article, we'll explain what you need to know about New York's mandatory arrest law for domestic violence and how we can help if you or a loved one has been arrested.

What is Considered Domestic Violence in New York?

Under New York law, domestic violence is defined as a pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.Domestic violence can occur between:

• Current or former spouses
• Current or former intimate partners
• Persons who share a child in common
• Persons who are related by blood or marriage
• Persons who are currently living together or have previously lived together

It's important to note that domestic violence is not limited to physical abuse. It can also include threats, intimidation, emotional abuse, financial abuse, and other forms of control.

When Are Police Required to Make an Arrest?

Under New York's mandatory arrest law, police must make an arrest when they have probable cause to believe that a person has committed one of the following family offenses against a member of the same family or household:

• Assault
• Aggravated harassment
• Menacing
• Reckless endangerment
• Stalking
• Strangulation
• Criminal mischief
• Sexual abuse
• Sexual misconduct
• Forcible touching

Probable cause means that the officer has knowledge of facts and circumstances that would lead a reasonable person to believe that an offense has been committed. This can be based on visible injuries, property damage, witness statements, or other evidence.The mandatory arrest law applies even if:

• The alleged victim does not want to press charges
• Both parties committed family offenses against each other (in which case police will determine the "primary physical aggressor")
• The alleged offense is a misdemeanor and did not occur in the officer's presence

As you can see, New York takes domestic violence very seriously. If the police are called and find probable cause, an arrest is virtually guaranteed, regardless of the alleged victim's wishes. This is why it's so crucial to have an experienced domestic violence defense attorney on your side.

What Happens After a Domestic Violence Arrest in New York?

Being arrested for domestic violence is a terrifying and stressful experience. After the arrest, you will be taken to the police station for booking and processing. Depending on the circumstances, you may be released on your own recognizance, required to post bail, or held in custody until your arraignment.At your arraignment, which must occur within 24 hours of your arrest, the judge will read the charges against you and ask how you plead. This is not the time to explain your side of the story or argue your case. You should simply plead "not guilty" and request an attorney if you don't already have one.The judge may also issue an order of protection at your arraignment. This is a court order that prohibits you from having any contact with the alleged victim. Violating an order of protection can result in additional criminal charges, so it's important to take it seriously.After the arraignment, your case will proceed through the criminal justice system. You may have several court appearances, during which your attorney will negotiate with the prosecutor and work to build your defense. If a satisfactory plea bargain cannot be reached, your case may go to trial.

Penalties for Domestic Violence Convictions in New York

The penalties for a domestic violence conviction in New York depend on several factors, including:

• The specific offense charged
• Whether you have any prior convictions
• The severity of the alleged victim's injuries
• Whether a weapon was used
• Whether children were present

Some common domestic violence charges and their potential penalties include: In addition to jail or prison time, a domestic violence conviction can also result in:

• Fines and court fees
• Probation
• Mandatory batterer intervention programs
• Loss of gun ownership rights
• Difficulty finding employment or housing
• Immigration consequences for non-citizens

The stakes are high in a domestic violence case. A conviction can impact every area of your life, from your freedom to your family relationships to your future opportunities. That's why it's so important to have a skilled and aggressive defense attorney fighting for you.

How Spodek Law Group Can Help

At Spodek Law Group, we have a team of experienced New York domestic violence defense attorneys who are dedicated to protecting our clients' rights and achieving the best possible outcomes in their cases. We understand the fear, stress, and uncertainty that comes with being arrested for domestic violence, and we're here to guide you through the process with compassion and skill.When you hire our firm, we will:

• Conduct a thorough investigation into the allegations against you
• Identify any weaknesses in the prosecution's case
• Gather evidence to support your defense, such as witness statements, medical records, or surveillance footage
• Negotiate with the prosecutor to have your charges reduced or dismissed
• Vigorously defend you at trial if necessary
• Work to have orders of protection modified or vacated
• Help you get your life back on track after the case is over

We know that every case is unique, and we'll take the time to listen to your story and develop a personalized strategy for your defense. Whether you're facing misdemeanor or felony charges, we have the knowledge, experience, and dedication to fight for you.

Don't Face Domestic Violence Charges Alone

If you've been arrested for domestic violence in New York, don't wait to get help. The sooner you contact an experienced defense attorney, the better your chances of achieving a favorable outcome in your case. At Spodek Law Group, we're here to stand by your side and fight for your rights every step of the way.To schedule a free and confidential consultation with one of our New York domestic violence defense attorneys, contact us today at 212-300-5196 or visit our website at https://www.federallawyers.com. We're available 24/7 to take your call and answer your questions. Remember, you have rights, and we're here to protect them.