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Domestic Violence Charges in NYC Do Not Always Mean Jail Time

Posted on in Domestic Violence

NYC domestic violence charges defense attorneyIf you have been charged with a crime of domestic violence, one of your biggest concerns might be, "Will I end up in prison?" If you are incarcerated, you are not earning an income. You cannot care for your children and other family members. You could even lose your home and car if you cannot keep up the payments.

Fortunately, the state of New York has recognized that it has a vested interest in breaking the cycle of domestic violence. It is not enough to help victims of abuse after the fact. Alleged batterers must also be addressed. While everyone must be held accountable for their own actions, when people accused of domestic violence are incarcerated, they are not able to earn their own living, pay taxes, and meet other financial obligations, such as paying child support.

The Option of Interim Probation Supervision in NYC

If you have been charged with a domestic violence crime such as harassment, menacing, stalking, or assault of an intimate partner or family member, incarceration is one of the possible sentences. However, a skilled criminal defense attorney may be able to negotiate for you to receive interim probation supervision.

In these cases, instead of sending you directly to jail, the court will test your ability to comply with the terms of probation. The court will postpone your actual sentencing for up to one year, putting you on interim probation supervision in the meantime. At the end of the supervision period, you will return to court. If you have complied with all of the conditions set by the court, the court will typically sentence you to probation and not prison.

Your attorney may be able to negotiate a better deal for you if you agree to interim probation supervision prior to official sentencing. For example, the deal might state that if you complete the supervision period successfully, the charge against you will be reduced to a lesser offense with a lighter sentence. If you violate the terms of the supervision, however, the judge will sentence you based on the original charge, which would more likely include incarceration.

Typical Conditions of Interim Probation Supervision in New York

The court decides the conditions of probation on a case-by-case basis, considering factors such as the severity of the crime and the offender’s criminal history. Here are some typical conditions applied in domestic violence cases:

  • Be employed or attend some type of school or vocational program.
  • Perform community service. The recommended maximum hours are 500 hours for a D felony, 400 for an E felony, 200 for an A misdemeanor, and 100 for a B misdemeanor.
  • Stay away from the victim of the crime. This may include a requirement to wear a GPS tracking device to ensure compliance.
  • Participate in a Domestic Violence Offender Program, which typically requires weekly attendance at educational sessions for 26 or 52 weeks.

Manhattan Criminal Lawyers Who Will Not Back Down

If you have been charged with a crime of domestic violence in New York City, choose a Manhattan criminal defense attorney who will fight relentlessly for your legal rights and freedom. The distinguished attorneys at Watford Jackson, PLLC have over 45 combined years of experience in criminal defense in New York City. Contact our Manhattan office at 855-WAT-JACK or 855-928-5225 to schedule an appointment.

Sources:

http://www.criminaljustice.ny.gov/opca/prob_faq.htm#5

http://www.doccs.ny.gov/Directives/9401.pdf

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