Punishments for Domestic Violence in New York

Domestic violence is a huge problem in New York and across the country. The criminal justice system often fails victims, letting abusers off with weak sentences. But in recent years, lawmakers have cracked down and enacted tougher punishments for domestic violence crimes. This article will explain the various charges and penalties someone can face for domestic violence in New York. The laws have gotten stricter, but enforcement is still inconsistent. Victims need to understand the system to advocate for justice.

What is Domestic Violence?

There's no single criminal offense called "domestic violence" in New York. Instead, domestic violence includes many different crimes that occur between family or household members. This includes:

• Spouses
• Former spouses
• Parent and child
• Step-parents/step-children
• Boyfriends/girlfriends
• Same-sex couples

Any kind of physical, sexual, emotional, economic abuse between these relationships can be considered domestic violence. Even if the parties don't live together anymore.

Common DV Charges

Some of the most common criminal charges for domestic violence are:

• Assault - Causing injury to another person, ranging from minor to severe. Can include beating, punching, kicking, etc.
• Harassment - Repeatedly contacting or following someone in a way that causes alarm or fear for their safety.
• Stalking - Similar to harassment but involves following or monitoring someone's movements and activities.
• Menacing - Threatening to assault or harm someone, either verbally or with a weapon.

Domestic violence can also include charges like strangulation, reckless endangerment, sexual abuse, and more. Certain non-violent crimes also apply like criminal mischief (vandalism), theft, and child endangerment.

Penalties and Sentences

The penalties for domestic violence crimes depend on the specific charges. Misdemeanors carry lighter sentences while felonies are more severe. Possible penalties include:

• Jail time - Misdemeanors up to 1 year, felonies much longer
• Fines - Up to $1000 for misdemeanors, higher for felonies
• Probation - Very common, with mandatory counseling
• Orders of protection - Restraining orders up to 5 years
• Weapon forfeiture - Loss of firearm license and guns

Repeat domestic violence offenders face harsher sentences. Felony charges like assault, strangulation, and stalking can result in years in state prison.

Aggravating Factors

Certain circumstances can increase domestic violence penalties in New York. These "aggravating factors" include:

• Committing crime in presence of a child
• Violating an order of protection
• Using a weapon
• Causing serious physical injury
• Continuing abusive behavior over time

Sentences escalate if any of these apply. The more aggravating factors, the harsher the punishment tends to be. Domestic violence involving children often leads to child endangerment charges too.

Mandatory Arrest and No-Drop Policies

In the past, police often did not make arrests for domestic violence calls. Victims would refuse to press charges after the violence. This allowed abusers to avoid prosecution. But now New York has mandatory arrest laws for DV cases. Police MUST arrest the primary aggressor if there is probable cause a domestic violence crime occurred. Even if the victim doesn't want to press charges. New York also has "no-drop" prosecution policies. Once a case is picked up, prosecutors won't drop the charges just because the victim changes their mind. The state pursues the abuser regardless. These reforms aim to take control away from abusers and hold them accountable. But victims can still be uncooperative, making it hard to win convictions.

Factors That Decrease Sentences

There are also some factors that can potentially decrease domestic violence penalties. Such as:

• No prior criminal record
• Showing remorse and seeking counseling
• Strong family ties and community reputation
• Willingness of victim to drop charges
• Successful completion of batterer's intervention program

Defense attorneys argue these mitigating factors to try and get charges reduced or avoid jail time for clients. But with recent law changes, leniency is less common for abusers.

Orders of Protection

Orders of protection are critical to help domestic violence victims stay safe. Family courts issue temporary orders, then permanent orders after a hearing. OPs can last up to 5 years and order the abuser to avoid all contact with the victim. This includes staying away from their home, workplace, and kids' schools. If the abuser violates the OP, they face new criminal contempt charges. Second violations can be prosecuted as felonies with mandatory jail time.

Recent Legal Reforms

Some significant recent reforms to New York domestic violence laws include:

• Strangulation made a violent felony with mandatory prison time
• No plea bargains allowed for felony DV cases
• Abusers must surrender firearms after OP issued
• Domestic Violence Misdemeanor Crime category created
• Increased penalties for repeat offenses

These changes aim to get tougher on abusers and provide more protections for victims. But domestic violence remains widespread, so enforcement must improve.

The Reality for Victims

On paper, New York domestic violence laws have gotten stricter over time. But the reality for victims is still difficult and complex. Many find the legal system frustrating and ineffective. Police don't always respond adequately to DV calls. Prosecutors often plead down charges and recommend lenient sentences. Judges may ignore aggravating factors and impose light punishments. Much work remains to enforce the laws consistently and hold abusers fully accountable. Domestic violence victims deserve justice and protection.

References

Penalties for DV Offenses in NY NY Domestic Violence Acts New York Domestic Violence Laws - FindLaw New York Domestic Violence Laws - CriminalDefenseLawyer.com