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Domestic Assault

Domestic assault is a type of domestic violence offense that occurs among people with a certain relationship. Similar to a general assault charge, the person charged with a domestic assault offense is accused of trying to harm or actually harming another person. However, the term domestic refers to specific types of people.

Domestic violence crimes have gained attention throughout the country in recent decades. Most states carry harsh penalties for these crimes, including lengthy jail time and expensive fines. Even being accused of these offenses can have life-altering consequences. It is important to act fast and handle the charges immediately.

Garden City Domestic Assault Attorney

Domestic violence charges always should be taken seriously, even if the offense is considered a misdemeanor. If you are charged with domestic assault, contact Stephanie Selloni. Selloni is a skilled Garden City domestic assault defense lawyer who can help you protect yourself against these charges. Whether it was a misunderstanding or a mistake, she can help you build a strong defense in your case.

Call Law Office of Stephanie Selloni at (516) 972-1212 to schedule a free initial consultation to discuss your unique case. Law Office of Stephanie Selloni represents clients throughout Long Island, Nassau County, Suffolk County and throughout the five boroughs of New York City. 

Information About Domestic Assault

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What is Domestic Assault?

When people think of domestic violence, they often imagine married couples. Although that is a common scenario involved in the issue, the offense has a much wider net. In New York, domestic assault can occur in a variety of relationships. New York Social Services Law defines a domestic relationship as:

  • Married couples
  • Couples who remain married but live apart, or separated
  • Cohabitating couples
  • Former spouses
  • Anyone in an intimate relationship, even if not married
  • Anyone who shares a household, including children and elderly family
  • People who share a child, regardless of where they live
  • People who live in the same household, even if unrelated

Depending on the circumstances of the case, a person could be charged with various felony assault charges.  According to New York Penal Code §120.00, a person could be charged with assault in the third degree if he or she intentionally injures another person or recklessly causes physical damage. The law defines physical injury as any sort of impairment of physical condition or substantial pain. This would be a Class A misdemeanor.

A person also could face those charges if he or she causes physical damage to someone with a deadly weapon or a dangerous instrument. According to New York law, it considers a deadly weapon to be any weapon in which a shot may be discharged or a switchblade, knife or metal knuckles. A dangerous instrument is anything capable of causing serious harm or death, such as a vehicle.

Assault in the second degree, which is a more serious offense, could apply if a person intentionally or recklessly causes serious physical injury to another or if he or she does so with a deadly weapon or instrument. This would be considered a Class D felony. If a person administers a drug to another person without his or her consent, it also could be an assault in the second-degree charge.

If an assault is committed on a person younger than 11 years old or more than 65 years old, the offense automatically would be considered a second-degree felony, if the alleged offender is 18 years old or older, according to New York Penal Code §120.05.

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Attempted Assault

A person still could be charged with attempted assault if he or she attempts to harm a person, but does not actually follow through with it. According to New York Penal Code §110.00, a person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.

For instance, if a couple is in involved in a domestic argument and one of them attempts to punch or harm the other without actually making contact, he or she could be charged with attempted assault. Because of the relationship between the two, this still could be considered an act of domestic violence.

Generally, an attempted crime is a lesser offense compared to if the crime actually had been committed. In New York, attempted assault is a Class B misdemeanor, which is punishable by up to 90 days in jail and up to $500 in fines. Additionally, this will create a criminal record for a person, if he or she has no prior convictions.

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Penalties for Domestic Assault Charges

Penalties for domestic assault vary based on whether the crime is considered a misdemeanor or a felony. If a person is charged with assault in the third degree, a Class A misdemeanor, he or she could face up to one year in jail, up to $1,000 in fines or both.  If a person is charged with assault in the second degree, a Class D felony, he or she could face up to seven years in prison, up to $5,000 in fines or both.

When a person is convicted of a domestic assault offense, he or she can be faced with various consequences outside of jail time and expensive fines. In addition to court-issued penalties, there could be repercussions in his professional and personal life, including a protective order. Some employers will not want an employee with a violent history and some students could face reprimand at their school.

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Finding A Domestic Assault Defense Lawyer in Nassau County

If you have been charged with domestic assault or another domestic violence offense, contact domestic assault lawyer Stephanie Selloni. The legal team at Law Office of Stephanie Selloni can help you defend yourself against these tough charges. A criminal record and a domestic violence conviction could have a serious impact on your life. Call (516) 972-1212 to schedule a free consultation and discuss your unique case today.