The time it takes to resolve a domestic violence case in New York depends, and will vary from case to case. Regardless, any individual accused of a domestic violence charge will, of course, want the process to go as smoothly and quickly as possible. The right lawyer will try to get your case resolved as soon as possible, but depending on the details of your case, your case may not even be heard for several weeks.
Your case may be sent to a special Domestic Violence courtroom that deals only with cases similar to yours. If you have an Order of Protection from both Family Court and a criminal court, your case may be sent to an Integrated Domestic Violence (IDV) courtroom. This can cause your case to change hands many times, which will increase the time it takes to be resolved.
If you have been accused of a domestic violence charge in New York, retain a lawyer immediately. Without adequate representation on your side, you could be facing an unnecessarily lengthy process before you.
How Is Domestic Violence Classified In New York State?
Every state has their own specific stipulations surrounding what is classified as domestic violence. New York’s criminal laws do not differentiate between domestic violence-related crimes and offenses that do not involve domestic violence. For example, there is no specific statutory distinction between a domestic assault and an assault on a stranger.
Crimes such as assault, sexual abuse, stalking, menacing, and strangulation are classified as domestic violence when the victim of the crime is a member of the perpetrator’s family or household, or when the perpetrator and victim:
- Are married or divorced
- Are related by blood or marriage
- Are parents of the same child
- Have been in an intimate relationship even if they are not currently living together
Can An Attorney Request An Early Court Date At My Arraignment?
Yes, it is possible that your lawyer can request an early court date at your arraignment. This is one of the many benefits of working with an experienced criminal defense attorney. The shortest amount of time it can take to resolve your case is a few weeks, but the right lawyer can fight for a more efficient timeline.
The more experienced your attorney is, the better your chance of getting an earlier court date. Some cases can go on for months or even years, so it’s best to hire an experienced attorney as soon as possible to explore your options for justice and to get a better sense of the timeline for resolving your case.
What Are The Penalties For Domestic Violence In New York?
Convictions for domestic violence crimes often entail harsh penalties. Assault in the first degree, for example, is a Class B felony punishable upon conviction with up to twenty-five years in prison (with a mandatory minimum sentence of five years) and a fine of up to $5,000.
Felony domestic violence charges can accompany decades in prison, on top of heavy fines. Additionally, an order of protection will most likely be issued against someone charged with domestic violence. This order intends to restrict you from the person who feels threatened or harmed by your behavior, and can keep you from seeing children and other loved ones depending on the stipulations of the order.
How Can I Get My Domestic Violence Case Resolved Faster In New York?
Unfortunately, the court system can become incredibly complex and complicated in the context of domestic violence cases. Cases can move between different courts, like Family Court or Criminal Court, which will cause delays. You aren’t legally required to hire a lawyer to defend you in a domestic violence case, but you may be at a disadvantage without one.
The best way to ensure you’re adequately defended is to hire a criminal defense attorney. An experienced criminal defense attorney understands the complexities of the court process, and will do everything in their power to get your case resolved as soon as possible so your life can go back to normal. By using their courtroom experience and thorough knowledge of New York state’s criminal law proceedings, they can leverage this insight to secure the best possible outcome for your case.
If you have been accused of domestic violence in New York state, contact a criminal defense lawyer right away. At the Law Firm of Gianni Karmily, we offer an in-depth case evaluation for anyone in this situation, and will provide you all the guidance you need for getting your case resolved in the most efficient manner possible.
