Domestic Violence
Defending Domestic Violence Charges in Manhattan
Protect Your Future with an Experienced Defense Lawyer
Being charged with domestic violence in New York City is a serious legal matter that can have immediate and long-term consequences. Prosecutors aggressively pursue these cases, and even a false accusation can lead to an arrest, restraining orders, and damage to personal and professional relationships.
Domestic violence charges can arise from disputes between spouses, partners, family members, or cohabitants, and New York law does not require physical injury for an arrest to occur. Once charges are filed, the case is in the hands of the prosecutor, meaning the alleged victim cannot simply drop the charges. A strong legal defense is essential to protect rights, challenge evidence, and work toward a favorable outcome.
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At The Law Office of Yifei He, PLLC, we understand that there are two sides to domestic violence cases, and we will work with you to prove your innocence and protect your future. Let's talk-give us a call at 917-338-7678to discuss your case and start building a strong defense.
What Can Qualify as Domestic Violence in New York?
New York law categorizes domestic violence as a broad range of offenses involving harm or threats between individuals in specific relationships, including spouses, dating partners, family members, or household members. Domestic violence charges may include:
- Assault – Causing physical injury to a partner, family member, or cohabitant.
- Harassment – Threatening, stalking, or engaging in behavior meant to intimidate or control.
- Menacing – Placing another person in fear of imminent harm.
- Stalking – Following, monitoring, or contacting someone repeatedly in a way that causes fear.
- Strangulation – Restricting another person’s breathing, which is a felony offense in New York.
- Sexual Abuse – Any unwanted sexual contact within a domestic setting.
- Criminal Mischief – Destroying or damaging property in a domestic dispute.
- Endangering the Welfare of a Child – Placing a child in a situation where harm could occur.
- Violation of an Order of Protection – Disobeying a court-issued restraining order.
Defending Domestic Violence Charges
False Accusations
It is not uncommon for domestic violence accusations to be false or exaggerated, often arising during divorce disputes, child custody battles, or personal conflicts. A defense attorney can present evidence, witness testimony, and inconsistencies in the accuser’s story to challenge the validity of the charges.
Lack of Evidence
Prosecutors must prove domestic violence beyond a reasonable doubt, but many cases rely only on the accuser’s statements with little to no physical evidence. A strong defense can highlight gaps in the prosecution’s case and argue for a dismissal or reduction of charges when the evidence is weak.
Self-Defense
If the accused acted in self-defense, the law allows the use of reasonable force to protect against an immediate threat. Establishing who initiated the altercation and whether force was justified can be crucial in getting charges reduced or dropped.
Mutual Combat
In some situations, both parties may have been mutually involved in the altercation, yet only one person is arrested. Proving that the situation was not one-sided can challenge the prosecution’s claims and result in a less severe charge or case dismissal.
Violation of Constitutional Rights
If law enforcement violated constitutional rights during the arrest, interrogation, or evidence collection, the case could be challenged. Unlawful searches, coerced confessions, or improper handling of evidence can lead to charges being dismissed or reduced.
The Risks of Not Hiring a Defense Attorney
A domestic violence conviction can carry lifelong consequences, impacting employment, housing, and even the right to own firearms. Many people assume that if the alleged victim wants to drop the charges, the case will go away, but that is not how domestic violence prosecutions work in New York. Once charges are filed, the state takes over the case, meaning only a skilled defense attorney can effectively fight for a dismissal or reduced sentence.
Additionally, domestic violence cases often come with protective orders, which can prevent contact with children, spouses, or even access to one’s own home. Violating these orders—even accidentally—can lead to additional criminal charges. Without a strong legal defense, a person facing these accusations risks harsh penalties and permanent damage to their personal and professional life.
Possible Penalties for Domestic Violence Charges in NYC
The penalties for domestic violence depend on the severity of the charges, prior criminal history, and whether the alleged victim suffered serious harm. Misdemeanor offenses, such as Harassment in the Second Degree or Criminal Mischief, can result in up to one year in jail, fines, probation, and mandatory domestic violence counseling programs. Even a non-violent misdemeanor conviction can appear on background checks and affect employment opportunities and housing applications.
For felony domestic violence charges, such as Strangulation, Aggravated Assault, or Endangering the Welfare of a Child, the penalties are much more severe. Convictions can lead to multiple years in prison, long-term orders of protection, and permanent loss of certain rights, such as firearm ownership. The stakes are high in domestic violence cases, making an aggressive defense critical to avoiding the worst possible outcomes.
What You Need to Know About Orders of Protection in NYC
If you're facing domestic violence charges in Manhattan, there's a strong chance the court will issue an Order of Protection—a legal directive that can limit your freedom and disrupt nearly every aspect of your life. These court orders can prohibit you from contacting the alleged victim, returning to your home, or seeing your children, even before your case goes to trial.
Violating an Order of Protection can lead to additional criminal charges, including contempt of court. This makes it critical to work with a knowledgeable domestic assault lawyer who can explain the terms of the order and take swift legal steps to challenge unnecessary or overly broad restrictions.
At The Law Office of Yifei He, PLLC, we help clients in Lower Manhattan understand their rights, respond to emergency orders, and push back against orders that are based on exaggerated or false allegations. Whether you're seeking to modify, challenge, or comply with the terms of the order, Attorney Yifei He will advocate for a balanced outcome that protects your freedom and future. For more details, read our blog on Facing an Order of Protection in NYC: What You Need to Know.
Speak With a Criminal Defense Lawyer for Free
A domestic violence charge in New York City is not something to take lightly. Even if the accusations are false or exaggerated, the consequences of a conviction can be life-changing. A skilled defense attorney can fight back against false claims, challenge weak evidence, and work toward case dismissal or a reduced sentence. The sooner legal representation is secured, the stronger the defense strategy will be. If you or a loved one is facing domestic violence charges in NYC, seeking experienced legal counsel is the best step toward protecting your rights and your future.
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FAQS: Domestic Violence Charges in New York
No. In New York, domestic violence cases are prosecuted by the state, not the alleged victim. Even if the accuser wants to drop the charges, the District Attorney’s Office decides whether to proceed with prosecution. Only a skilled defense attorney can negotiate for a dismissal or reduction of charges.
After an arrest, the accused is taken into custody, and a judge will typically issue an order of protection preventing contact with the alleged victim. The accused will have an arraignment where bail may be set, and then the case moves to pre-trial proceedings, where evidence is reviewed, and legal motions may be filed.
Yes. If convicted, a domestic violence charge will appear on a criminal background check, which can affect employment, housing, and professional licenses. Even if charges are dropped, the arrest record may still be visible unless it is sealed or expunged with the help of an attorney.
Penalties depend on the severity of the charges. Misdemeanor convictions can lead to up to one year in jail, fines, and mandatory counseling, while felony convictions may result in multiple years in prison, long-term restraining orders, and loss of firearm rights.
A domestic violence conviction can negatively impact child custody and visitation rights, as courts prioritize the safety and well-being of children. A defense attorney can fight to prevent a conviction and protect parental rights in custody proceedings.