If you have been accused of a domestic violence charge in New York, but the charge was dismissed, it’s understandable that you might still be worried that this charge will remain on your record, or if future employers will be able to see this on your record.
In the state of New York, when a domestic violence charge is dismissed, photographs and fingerprints of the formerly accused individual are destroyed. This means the record is sealed permanently. The formerly accused individual is entitled to say they’ve never been arrested – because, technically, they haven’t been.
Generally speaking, if your domestic violence charge is dismissed in New York, it will have no effect on your future employment, your personal life, and criminal record.
Will My Arrest Stay On My Criminal Record Even If My Domestic Violence Charges Were Dismissed?
Even if your charges are ultimately dismissed, it’s understandable that you’ll be worried that your original arrest will still become public knowledge. Most domestic violence cases aren’t publicized in any way, unless the people involved are public figures or persons of interest.
If you have been arrested for any kind of crime that was ultimately dismissed in New York, your arrest will not remain on your criminal record. If you were to apply for a new job, or undergo a background check, no one would know you were ever arrested for this crime.
How Can A Lawyer Help Get My Domestic Violence Case Reduced Or Dismissed?
An experienced criminal defense attorney understands exactly what prosecutors are looking for in a domestic violence situation. The prosecution’s goal is to prove beyond a reasonable doubt that the defendant is guilty as charged. But, an experienced attorney such as Gianni Karmily, will know precisely which angles to examine your case, and can work to have your charges reduced or dismissed if:
- Someone else committed the crime, and the defendant has been misidentified.
- No crime was committed, and the allegation has been fabricated.
- The defendant was acting in self-defense or to defend property or another person.
- The defendant made a mistake of fact and had no criminal intent.
- A crime happened, but it was a lesser crime, and the charge should be reduced.
Additionally, since domestic violence is an issue common to both criminal and family law, your case may be bounced around between different courts, which increases the length of time it takes to resolve your case. One of the many benefits of working with a lawyer is that your lawyer will use their knowledge of the New York court system to speed up this process as best as possible, while defending you every step of the way. Without the help of a lawyer, you may be facing an unjustly long processing time, which will make you wait longer to walk free if you did not commit a crime.
What Are The Penalties For Domestic Violence In New York?
If your case is not reduced or dismissed, you could be facing severe penalties for domestic violence in New York. Felony domestic violence cases can land a guilty person up to 25 years in jail for their actions. In some cases, high fines must be paid on top of serving jail time.
Most domestic violence charges will require that you sign an order of protection as well. This will forbid you from coming in close contact with the victim of your crime, which can keep you away from family, friends and loved ones. Once an individual is convicted of a domestic violence crime, this information is permanent and can never be removed from your criminal record. Future employers will see this information, as well as anyone who executed a background check.
Schedule An In-Depth Case Evaluation If You Have Been Accused Of Domestic Violence In New York
The Law Firm of Gianni Karmily represents clients who have been charged with DWI, drug, sex, theft crimes, domestic violence crimes, burglary, probation and parole violations, traffic infractions and offenses, and other violations, misdemeanors, and felonies.
Since domestic violence is an issue common to both criminal law and family law, your case could potentially be passed between two different courts, causing the time it takes to resolve your case quite lengthy. The right attorney can aggressively defend your right to a speedy trial and will find every area of opportunity to expedite this process.
If you have been charged with any of the crimes above, you need to enlist the help of an experienced, hardworking criminal defense attorney right away. The sooner you and your attorney work to build a strong case for your defense, the better the chances of reducing your imminent penalties.