In New York State, there are many ways someone can be charged with domestic violence. Not every case is solely physical abuse. Here are four common domestic violence cases.
Assault
In New York, assault is commonly charged as a Class A misdemeanor. The charge of assault shows the intent to cause physical injury to another person or causing physical injury.
Assault in the second degree is a Class D felony in New York state, and it is punishable by up to seven years in a state prison. Someone who is charged with assault in the second degree has committed the crime of misdemeanor assault.
Someone who commits an assault in the third degree has physically assaulted another person, causing physical injury without that other person having given consent for the physical contact.
Menacing
A person charged with criminal menacing is intentionally putting a person in reasonable fear of physical injury, imminent serious physical injury, or death. The penalty is a Class B misdemeanor offense in New York. The use of a deadly weapon classifies the allegation as a Class A misdemeanor. If you have previously been convicted of menacing within ten years preceding this charge, the charge is considered a Class E felony.
Students Guide to Criminal Defense in NY State
Menacing in the second degree is a Class A misdemeanor in New York State. When you place someone in fear by displaying – or attempting to display – a weapon or an imitation weapon, this is considered menacing. It is punishable by up to one year in jail
Menacing in the Third Degree is a Class B misdemeanor punishable by up to 90 days in jail. Menacing in the third degree occurs when a person instills fear in another person by means of threat or the display of a dangerous instrument.
Harassment
Harassment is charged if a person intentionally harasses another person by following that person in or around a public place or by engaging in a course of conduct that places the person in reasonable fear for physical injury. It can also include threatening or alarming another person, communicating with the other person by telephone or communicating with the other person in a manner that is likely to cause annoyance or alarm, making phone calls without a legitimate purpose or striking, shoving, or kicking someone.
Stalking
A person charged with stalking has caused reasonable fear or material harm to the physical health, safety or property of another person or has caused material harm to the mental or emotional health of another person through telephoning or initiating communication or contact with that person. Stalking charges can vary from Class B misdemeanors to Class E felonies.
If you are affected by domestic violence, contact Arthur Pressman for fierce representation.