Is Domestic Violence a Felony in New York?

Domestic violence is always treated seriously in the state of New York, but is it always a felony charge? No, but the charge needs to be treated seriously whether you are charged with a misdemeanor or a felony. If a prosecutor decides to charge you with felony domestic violence, you could end up in prison for years. A Haverstraw criminal defense attorney can answer your questions and help you avoid the harsh punishments that come along with felony convictions.

When Can Someone Be Charged With Domestic Violence?

Someone is charged with domestic violence when they commit a crime against someone that they live with or have a relationship with. Sometimes they can also be charged with DV for a crime committed against someone that they used to be in a relationship with, like an ex-spouse, ex-girlfriend, or ex-boyfriend.

Many different crimes can be charged as domestic violence, including:

Assault and aggravated assault
Sexual assault
Kidnapping
Criminal restraint
Burglary or robbery
Criminal coercion
Stalking
Harassment

When is Domestic Violence a Felony?

A domestic violence charge can become a felony simply because the crime you committed is seen as more severe than most. For example, if you are accused of assault with a weapon or committing sexual assault, these crimes may be seen as more serious than stalking or making threats. Your charge can be bumped up to a felony as a result.

How Can I Be Punished for Felony Domestic Violence?

The punishments for any felony can be steep in New York, but what kind of fine and jail sentence you face can depend on what class of felony you are charged with. Here are some general guidelines:

Class E felony: up to four years in prison and up to $5,000 in fines
Class D felony: up to seven years in prison and up to $5,000 in fines
Class C felony: up to 15 years in prison and up to $15,000 in fines
Class B felony: up to 25 years in prison and up to $30,000 in fines
Class A-II felony: the possibility of life in prison and up to $50,000 in fines
Class A-I felony: the possibility of life in prison and up to $100,000 in fines

A conviction can also bar you from voting or owning a gun. You could also lose any access to government assistance programs. These are serious charges and you need to take them seriously, preferably with an experienced defense attorney by your side.

What Should I Avoid After Being Charged?

After being charged, you should not be speaking to anyone about these allegations but your attorney. Do not speak to the cops without an attorney present and do not try to iron things out with your alleged victim on your own. They likely have a restraining order against you, and violating that can result in jail time.

Speak to a Criminal Defense Attorney

If you are facing a felony domestic violence charge, you need to begin building your defense right away. Contact the Law Office of Kevin T. Conway and schedule your consultation today. We are ready to assist you.