Long Island Domestic violence / battery Lawyer

Domestic Violence/Battery

Many people are involved in bad relationships. But when things turn physically violent, or even threaten to do so, then the law may get involved. In general, a person can be charged and tried for domestic violence if they commit or threaten violent acts against an intimate partner. And even in situations where the alleged victim recants or changes their story, prosecutors may still decide to proceed with a criminal case. So if you are facing domestic violence allegations, it is imperative you work with a qualified criminal defense lawyer.

How Domestic Battery Laws Work

The term “domestic violence” is often defined as any act of abuse that is committed against a “spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.” In other words, domestic violence does not just include acts involving married persons. It can involve a roommate, boyfriend, girlfriend, or the mother or father of your child.

One of the more common domestic violence charges is “domestic battery.” Battery is any action that inflicts force or violence against another person. Crucially, domestic battery only requires proof the defendant made physical contact with an intimate partner, not that there was necessarily any damage. So if two people are dating, get into a fight, and one party pushes the other person onto the ground, that is considered domestic battery, even if the person who was pushed did not sustain any noticeable injuries.

Domestic battery may be charged as a misdemeanor, although this may depend on the law and the circumstances. This means that if convicted, a defendant faces jail time and a substantial fine. In many cases, however, a judge will order probation instead, which includes completion of mandatory counseling or a batterer’s treatment program.

Other Crimes of Domestic Violence

Beyond domestic battery, there are a number of other offenses that fall within the broader category of domestic violence, including but not limited to:

• Corporal Injury – This is a charge that applies when someone causes any type of physical injury to a spouse or cohabitant.
• Child Abuse – A parent who inflicts corporal punishment on a child can face child abuse charges.
• Child Endangerment – Even if a parent does not personally physically abuse their child, they can still be charged with endangering their welfare if they permit or allow someone else to abuse them.
• Criminal Threats – If you merely threaten a family member or cohabitant with serious harm, even if you never act upon it, that can still be charged as either a felony or misdemeanor.

Get Help from a Domestic Violence Defense Lawyer

There are often serious consequences to a domestic violence conviction that go beyond jail time. A person may also face the loss of custody rights to their children, be subject to a restraining order, and even face deportation if they are an immigrant living in the United States. This is why you need to take even misdemeanor domestic violence charges seriously. Contact The Law Offices of Andrew Karpf if you need to speak with a criminal defense lawyer right away.