NYC Domestic Violence Lawyer

New York City Domestic Violence Attorney

At Greco Neyland, PC, we understand the gravity of domestic violence allegations in New York City. Former prosecutors Jeff Greco, Dustan O. Neyland, and their team of experienced NYC domestic violence lawyers understand what it’s like to sit at the other side of the table and know exactly what prosecutors look for to convict individuals who have been accused of domestic violence.

Experienced NYC Domestic Violence Attorneys we recognize that prosecutors and judges take these accusations very seriously.  Often, the court will issue a restraining order or an order of protection, violations of which can lead to immediate arrest.

While the charges are pending the person accused of the crime might not be able to return to his home or even see his children. Many families suffer a serious financial setback during this time period. A criminal record can impact the entire family for many years to come.

While this crime certainly deserves the serious consideration it is given by law enforcement, there are occasions in which allegations may be false or deliberately exaggerated in households where couples are in the midst of a divorce or child custody dispute.

As soon as the charges have been officially filed by the accuser, they lose all authority to drop the charges afterward, meaning that law enforcement is required by law to make an immediate arrest, and only the state will be able to drop the charges. Sometimes, police may be too eager to label a case as being “domestic violence” without conducting a proper investigation, which is why it is absolutely imperative to contact an experienced domestic violence lawyer to ensure that your individual rights are upheld.

If you have been charged with this type of crime in New York, you will want to immediately discuss your case with an experienced NYC Domestic Violence Lawyer. Greco Neyland, PC aggressively defends clients throughout New York City including Brooklyn and Manhattan against domestic violence offenses. We are familiar with the tactics used by officers with the New York Police Department (NYPD) in domestic violence cases.

Attorney Jeff Greco and Dustan Neyland are committed to conducting a relentlessly thorough investigation of every case in their effort to build the strongest possible defense. Call our firm (212) 951-1300 right now to receive a complete review of your case during a free, confidential consultation.

What Happens Once You Press Charges for Domestic Violence in New York?

As a protective measure intended to prevent any further harm occurring to the accuser, New York State has made it mandatory by law to arrest the individual accused of domestic violence immediately, as long as there is probable cause that a violent crime has occurred. That is still true even if the accuser wants to rescind their accusation and drop charges.

Once arrested, the accused individual will be taken to the local police station, where they will be booked and processed. From there, they will be held in police custody for up to 24 hours until they are brought before a judge at a formal hearing to have the charges against them officially stated. At this point in the process, it becomes vital to have an experienced criminal defense attorney with you.

While you’re being held by law enforcement, your attorney will be able to get started working for you right away by securing evidence, locating money for bail, recovering witness testimony, or meeting with the police officers involved to see if the accuser is cooperating.

If any mistakes were made by law enforcement and the accuser is cooperating, this may be the most advantageous opportunity to have the case dismissed or at least limit the order of protection placed against you. At the very least, your lawyer can have bail present to ensure your immediate release after the hearing.

What Is the Statute of Limitations on Domestic Violence Charges in New York?

Current New York state laws place the statute of limitations for domestic violence charges at two years. This includes civil charges as well, in regards to any injuries that were sustained as a result of domestic violence. This law was amended in 2019, increasing the time period from 1 year to 2 years for victims to come forward with domestic violence charges.

This allows additional time for victims to process the extremely sensitive nature of these crimes before coming forward to take legal action. If you are a victim of domestic violence, contact a reputable New York domestic violence attorney to go over the details of your individual case and understand your options moving forward.

Family Or Household Members In New York City Domestic Violence Cases

A victim of domestic violence is defined under New York Social Services Law § 459-a as any person over the age of 16, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of an act that constitutes domestic violence. This same section of the New York Social Services Law further defines a family or household member as being any of the following:

• Persons related by consanguinity or affinity

• Persons legally married to one another

• Persons formerly married to one another regardless of whether they still reside in the same household

• Persons who have a child in common regardless of whether such persons are married or have lived together at any time

• Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household

• Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”

• Any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation

Types Of Domestic Violence Offenses in New York

There are several different crimes of this nature defined under New York Penal Law. Some examples include:

• Aggravated Assault Upon a Person Less Than Eleven Years Old, New York Penal Law §120.12 — Class E Felony

• Aggravated Harassment in the Second Degree, New York Penal Law §240.30 — Class A Misdemeanor

• Aggravated Harassment in the First Degree, New York Penal Law §240.31 — Class E Felony

• Assault in the Third Degree, New York Penal Law §120.00 — Class A Misdemeanor

• Assault in the Second Degree, New York Penal Law §120.05 — Class D Felony

• Assault in the First Degree, New York Penal Law §120.10 — Class B Felony

• Criminal Mischief in the Fourth Degree, New York Penal Law §145.00 — Class A Misdemeanor

• Criminal Mischief in the Third Degree, New York Penal Law §145.05 — Class E Felony

• Criminal Mischief in the Second Degree, New York Penal Law §145.10 — Class D Felony

• Criminal Mischief in the First Degree, New York Penal Law §145.12 — Class B Felony

• Criminal Obstruction of Breathing or Blood Circulation, New York Penal Law §121.11 — Class A Misdemeanor

• Strangulation in the Second Degree, New York Penal Law §121.13 — Class D Felony

• Strangulation in the First Degree, New York Penal Law §120.12 — Class C Felony

• Endangering the Welfare of a Child, New York Penal Law §260.10 — Class A Misdemeanor

• Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled Person in the First Degree, New York Penal Law §260.34 — Class D Felony

• Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled Person in the Second Degree, New York Penal Law §260.32 — Class E Felony

• Forcible Touching, New York Penal Law §130.52 — Class A Misdemeanor

• Harassment in the First Degree, New York Penal §240.25 — Class B Misdemeanor

• Menacing in the Third Degree, New York Penal Law §120.15 — Class B Misdemeanor

• Menacing in the Second Degree, New York Penal Law §120.14 — Class A Misdemeanor

• Menacing in the First Degree, New York Penal Law §120.13 — Class E Felony

• Reckless Assault of a Child, New York Penal Law §120.02 — Class D Felony

• Reckless Endangerment in the Second Degree, New York Penal Law §120.20 — Class A Misdemeanor

• Reckless Endangerment in the First Degree, New York Penal Law §120.25 — Class D Felony

• Sexual Abuse in the Third Degree, New York Penal Law §130.55 — Class B Misdemeanor

• Sexual Abuse in the Second Degree, New York Penal Law §130.60 — Class A Misdemeanor

• Sexual Abuse in the First Degree, New York Penal Law §130.65 — Class D Felony

• Sexual Misconduct, New York Penal Law §130.20 — Class A Misdemeanor

• Stalking in the Fourth Degree, New York Penal Law §120.45 — Class B Misdemeanor

• Stalking in the Third Degree, New York Penal Law §120.50 — Class A Misdemeanor

• Stalking in the Second Degree, New York Penal Law §120.55 — Class E Felony

• Stalking in the First Degree, New York Penal Law §120.60 — Class D Felony

• Unlawfully Dealing With a Child in the Second Degree, New York Penal Law §260.21 — Class B Misdemeanor

• Unlawfully Dealing With a Child in the First Degree, New York Penal Law §260.20 — Class A Misdemeanor

New York City Penalties For Domestic Violence

The consequences can be quite severe for a person who is convicted of this type of criminal offense. The length of imprisonment and the amount of possible fine depends on the classification of the crime that was allegedly committed:

• Class B Misdemeanor — Up to three months in jail and up to $500 in fines

• Class A Misdemeanor — Up to one year in jail and up to $1,000 in fines

• Class E Felony — Up to four years in prison and up to $5,000 in fines

• Class D Felony — Up to seven years in prison and up to $5,000 in fines

• Class C Felony — Up to 15 years in prison and up to $5,000 in fines

• Class B Felony — Up to 25 years in prison and up to $5,000 in fines

FAQs for a New York Domestic Violence Lawyer

Q: How Much Does a Criminal Defense Lawyer Cost in New York City?

A: There are many relevant factors that determine what the total cost of a criminal defense lawyer is. Most notably, the severity of the charges (misdemeanor or felony), the experience of the lawyer, and whether or not the case goes to trial.

In general, you can expect most criminal defense lawyers in New York City to charge anywhere from $200-$500 per hour. For cases that do not go to trial and are classified as misdemeanors, you can expect somewhere in the ballpark of $3,000-$7,000 in total attorney fees. For felonies and cases that go to trial, you could be looking at upwards of $20,000 or more.

Q: Is Emotional Abuse a Crime in New York City?

A: In short, the answer is yes. Domestic and spousal abuse are both categorized as criminal offenses according to New York state law. The state also recognizes that abuse can occur physically, mentally, sexually, financially, and emotionally, and although physical abuse can be easier to recognize, manipulation and emotional violence are equally severe types of abuse.

Q: How Do I Drop Domestic Violence Charges in New York City?

A: In New York, domestic violence charges are classified as criminal offenses. This means that once the charges have been filed by the accuser, law enforcement is mandated to make an arrest, and the accuser will lose any authority to drop the charges or have them dismissed. The offense will be taken over by the state, and only the state’s court will be able to drop the charges.

Q: What Is the Clean Slate Law in New York City?

A: The Clean Slate Act is a new state law that will begin taking effect on November 16, 2024, and automatically seal an individual’s criminal record for convictions under New York state law. This does not include any sex crimes, sexual violence crimes, federal crimes, class A felonies (excluding drug-related offenses), or crimes that happened in other states. There is a waiting period for criminal records to be sealed. It is three years for a misdemeanor and eight years for a felony.

Abuse can take place in many different forms, and there are strict state laws in place to ensure the safety of those involved in crimes as serious as domestic violence. Whether you’re a victim or have been accused of domestic violence, it’s crucial that you have a thorough understanding of New York state’s domestic violence laws, the severity of the penalties placed on those convicted, and the irreversible sequence of events that take place once an official accusation is made.

New York Domestic Violence Resources

• Mayor’s Office to Combat Domestic Violence — This website contains statistics, press releases, and news relating to domestic violence services. There are also links to prevention and educational materials and campaigns.

• New York State Domestic Violence Courts Program Fact Sheet — This page provides an overview of the purpose of domestic violence courts as well as their components, including judges, resource coordinators, and on-site victim advocates.
• Domestic Violence Basics
• Integrated Domestic Violence (IDV) Courts — You can learn more about the mission and goals of these courts as well as the various locations on this website. There is also information about jurisdiction, judicial monitoring, domestic violence services, and technical assistance.

Contact Our NYC Domestic Violence Lawyers Today

As former prosecutors, Jeff Greco and Dustan Neyland know what issues to look for in the cases against people accused of criminal offenses. They possess a thorough understanding of precisely what prosecutors look for when aggressively seeking a conviction against an individual who has been accused of domestic violence, as well as what legal actions to take in order to protect the rights of someone who has been wrongly accused.

The legal consequences of an abuse conviction are steep, and rightfully so. However, there are incidents where individuals will purposefully exaggerate abuse allegations in order to gain the upper hand in the midst of marriage or child custody disputes, and the repercussions of false claims need to be considered with equal seriousness.

If you have been arrested for domestic violence or child endangerment, our NYC criminal defense attorneys will fully investigate the charges against you and work to get them reduced or completely dismissed.

We represent clients in a wide variety of criminal charges involving allegations of domestic violence. Although most of the time the person accused is a man, we are also experienced in representing women charged with domestic violence.

Greco Neyland, PC represents clients all over New York City against domestic violence. We offer a free consultation to review your case when you call (212) 951-1300 or contact us today.

New York Domestic Violence Law Resources:

Our NYC criminal lawyers assist clients accused of or charged with the following:

• Domestic Assault
• Child Endangerment
• Criminal Obstruction Of Breathing
• NYPD On Domestic Violence