In the state of New York, domestic violence is identified as the intent to cause physical harm to another household member. This term is used to describe a full spectrum of offenses among families who live in the same home. For example, spousal and child abuse are included in this classification of criminal offenses. These laws are in place to prevent further actions after the offender is removed from the home.
Outlining Domestic Violence
In these proceedings, there are three determining factors. First is the intent to produce an injury. Next, there is to cause an injury in a reckless manner. And lastly, inflicting of bodily harm through criminal negligence involving a deadly weapon or a potentially dangerous instrument is the last factor. If you’re accused of this infraction, you should contact a domestic violence attorney in Queens, NY.
Stalking or Menacing
After a family member or aggressor is removed from the household stalking or menacing often follows. Stalking is defined as unwelcome contact, the sudden and unexpected appearance at locations in which the victim frequents and threatening behaviors connected to these actions. Menacing is taking this erratic behavior one step further. It involves placing the victim deliberately in dangerous situations without concern for their safety.
Criminal Penalty for Domestic Violence
While the crimes are classified as domestic violence, they are identified in court proceeds as the offense that took place. For example, spousal abuse could fall under first-degree assault. The penalty for this infraction, if convicted, is a prison sentence of no less than five years with a maximum of twenty-five years. The fines imposed range up to $5,000. Strangulation has become a common offense committed in domestic violence cases, as well. The penalty for the crime is no less than three years with a maximum of fifteen years. The fines for this infraction, if convicted range up to $1,000.
Domestic violence is an offense, however, in which over half of the individuals who are accused turn out to be the victim. The problem exists in the way law enforcement must respond to calls. Typically, the individual who seems to have the most injuries is identified as the victim. In some instances, this is not the case. If you were wrongfully accused of this criminal infraction, you should hire a domestic violence attorney in Queens NY, by contacting Edward Zaloba today.
