The charge, not the label, sets the range
In New York, domestic violence cases are prosecuted under ordinary offenses such as harassment, menacing, assault, strangulation, or criminal mischief, and they are treated as family offenses when the people involved are relatives or intimate partners. The possible punishment depends on which offense is charged and at what level, whether anyone was injured, whether a weapon was involved, and the person's prior record. Some charges are violations or misdemeanors, while others are felonies with far more serious exposure. Charges can be reduced or changed as the case develops, so the arrest charge is not always the one that matters at the end. Because the range varies so widely, any estimate needs the actual charging papers.
What a sentence can include
A sentence in a domestic violence case can combine several parts, such as a conditional discharge, probation, jail or prison, fines, a program for people who cause harm in relationships, and often a final order of protection that can last well beyond the end of the case. Courts can also order restitution for property damage or medical costs. A conviction for certain domestic violence offenses can trigger a federal ban on possessing firearms that continues after the sentence is served. For people who are not US citizens, some domestic violence convictions can lead to removal or affect future applications, so immigration advice belongs in any plea decision. New York's Domestic Violence Survivors Justice Act allows courts to consider alternative sentences in some cases where the defendant was a survivor of abuse that contributed significantly to the offense.
Reducing the exposure
We begin by reviewing the accusatory instrument, any statements made to police, the injury evidence, and your record, and then explain which resolutions are worth pursuing. Depending on the facts, that may mean challenging the evidence, negotiating a reduction to a non-criminal violation, or seeking an adjournment in contemplation of dismissal where the prosecutor and court agree. Starting counseling or another program early can sometimes help in negotiations, but that step should be decided with your lawyer so it is not taken as an admission. Follow the order of protection exactly while the case is pending, since a violation adds a new charge and can undo progress. The goal is a resolution that accounts for the sentence and for the firearm, immigration, and family consequences that may outlast it.
