Being convicted of a domestic violence offense in Manhattan is rather serious. You need a professional and experienced criminal defense lawyer working on your behalf to help minimize the damage that is done to your reputation and your future livelihood. The consequences of such a conviction are far reaching. Do not trust just anyone with your defense. Make sure that you hire a qualified and capable Manhattan domestic violence offense sentencing lawyer.
Domestic Violence Explained
In the state of New York, the judicial system uses the term domestic violence to refer to any type of violent or threatening behavior perpetuated between people who are involve in any of a number of types of intimate relationships. These relationships can be between people who are blood relatives, married to one another (or divorced or separated), other parents of a child, or individuals who are dating. People can be accused of domestic violence for any of a number of reasons. The most common accusations leveled by the court are disorderly conduct, crimes of a sexual nature, harassing behavior, stalking, and more. Anyone who is convicted of one of these crimes could face sever penalties, including possible jail time.
Being convicted of domestic violence in Manhattan includes almost certain prison time. The reason you need a professional sentencing lawyer ini such an event is to help get as lenient a prison term as possible. Depending on the severity of the charge that you are convicted of, you might also be forced to pay fines, certain fees, restitution to the victim, and you might have to agree to some sort of supervision or probation upon your release. The actual sentence that you are given will fall within the general guidelines based upon the charge, but the judge is given some discretion in terms of the final outcome.
It is because of this discretion that you need a sentencing lawyer arguing on your behalf. A lawyer can point out certain mitigating factors that might work in your favor. If you have never been convicted of a crime in the past, for example, this may play in your favor. If you show remorse for your crime, this is something that can be pointed out at sentencing as well. You should also be aware that the opposite is true. If you have certain aggravating factors, such as a prior conviction for the same crime or you show no remorse, the judge may likely give you a sentence at the upper end of the maximum allowed.
In Manhattan, domestic violence charges can range from a Class B misdemeanor to a Class B felony. As you can imagine, the actual charge is important in determining the eventual sentence. This is yet another reason why you will want an experience criminal defense attorney right there at the table beside you when it comes to sentencing. A class B misdemeanor, for example, carries a maximum 3 month prison sentence. If you are convicted of a class B felony, you are looking at up to 25 years in prison. These are the most serious of felonies and include convictions for first degree assault, first degree rape, a criminal sexual act, or aggravated sexual abuse.
In addition, sentencing will likely involve probation. The terms of this probation can impact your livelihood upon release from prison so it is important to get favorable sentencing ini this regard. For a misdemeanor, you are looking a up to three years, and roughly five years for a felony. Sexually based offenses will generally carry twice the term of probation that you would otherwise receive.
If you have been convicted of domestic violence in Manhattan, contact our sentencing lawyers right away for counsel.