What is the difference between a domestic violence charge compared to the same charge outside of a domestic relationship?

Under New York law there is no one offense called “domestic violence.” Domestic violence is a broad term used to classify crimes involving individuals who are members of the same family, live in the same household, are in a romantic relationship or have a child together.

State laws do not differentiate between domestic violence-related crimes and other offenses. Therefore, there is no added penalty for being accused of a domestic violence charge. Crimes and violent acts such as assault, stalking, harassment, murder and rape are handled as domestic violence offenses when they occur in the context of a family or household relationship.

In New York, any offense can be charged as domestic violence if a person committed the crime against a household or family member. The accused’s relationship to the victim determines whether or not an offense is charged as domestic violence.

Because the definition of what constitutes a domestic relationship under domestic violence laws can be complex, it is best to seek the guidance of an experienced criminal defense attorney.

Domestic Violence Defense Resources

Other Criminal Defense FAQs:

Services

Contact

Contact us today for a free consultation. We are available 24 hours a day, 7 days a week, and 365 days a year. 888-315-9841

I hired Peter to help resolve a very serious criminal charge. Peter explained all steps of the process, openly discussed pros and cons of the strategy options and provided tons of information on how to avoid pitfalls. Peter helped navigate a very complicated process and was able to achieve an absolute best possible outcome! Peter is well known and respected in greater NYC area and I am very glad I used his services.

- G.M.