Differences Between Assault and Domestic Violence Charges in New York City

Understanding the differences between assault and domestic violence charges in New York City is instrumental when building a domestic violence case. While the offenses might seem similar, it is important to consider what makes the charges different, and how these differences can impact your case. If you have been charged with domestic violence, consult an experienced domestic violence lawyer that can break the differences down, and explain the implications of the charges you face.

Defining Assault

The crime of assault occurs when one person physically contacts or causes something to physically contact another person to cause physical injury, and that has been interpreted to mean either substantial pain or some sort of bruising. It is more than just touching somebody in a way that is non-consensual. It actually has to cause some sort of pain and discomfort.

Defining Domestic Violence

There is no New York City law that constitutes domestic violence. Domestic violence is an umbrella term based on the victimology of the crime itself. Domestic violence could be assault, it could be menacing, it could be harassment, it could be stalking, or it could be criminal content if there is an order of protection between two parties and one person violates it.

What makes a crime a domestic violence crime is the nature of the relationship between the complainant in the case and the defendant. Domestic violence cases occur between two people who are either in an intimate relationship or related by what is called consanguinity – which means there is some sort of blood relationship and they are family members.

Under What Circumstances Can a Person Be Charged With Both

A person can be charged with domestic violence and assault simultaneously if there is an assault that takes place and there is an intimate relationship between the accused and the accuser. For example, if the parties are married, dating were married or living together in some sort of romantic fashion or if they are related by blood being brother-sister or parent-child or grandparent-grandchild and an incident occurs, then it will be charged as assault, but the characteristic of that case would be domestic violence.

Reasons That Domestic Violence and Assault Are Charged Differently in New York City

While they are charged under the same statute, there are differences between assault and domestic violence charges in New York City. The fact is that there is a crime for assault, menacing, and for harassment, but there is no crime for domestic violence.

An assault might be charged as domestic violence or it might not be charged as a domestic violence crime, but it is not possible in New York City to charge somebody with a bland assertion of domestic violence. There has to be a section of the Penal Law that is alleged to have been violated and there is no section for just a violation of the domestic violence statute.

Charging somebody with assault may fall under a rubric of domestic violence depending on the relationship of the parties but it may not, depending on if the parties are not involved in some sort of intimate relationship or related by blood. It is really the relationship that drives the case.

Difference in Defense Strategies

The strategy is undertaken on a case-by-case basis but, in general, with the understanding that domestic violence assault cases kind of touch on these extremely human emotions. One of the differences between assault and domestic violence charges in New York City are that when people are romantically involved or when people are family, a lot of times, they are conflicted about whether or not they want to really pursue charges. Sometimes, the case is the final straw and the complainant has had enough and they want to hold the defendant responsible.

That happens, but a lot of times in domestic violence cases, there is a real internal struggle by a complainant on whether or not they really want to go forward and whether or not they want to prosecute. And so understanding that and being able to kind of capitalize on the fact that the complainants in the case are not always so cooperative really helps bolster the defendant’s trial strategy. Whereas, in a general assault case, you might take a different angle and craft a defense completely different based on the fact that the parties might not know each other.

How an Attorney Can Help

Regardless of the differences between these charges, an attorney could help develop a strong defense strategy in a number of ways. This begins with providing a clear understanding of the charges. With someone who has been arrested under suspicion of domestic abuse, it is helpful to highlight why they face greater legal jeopardy compared to simple assault charges.

A criminal defense attorney can also help with the basics of navigating the legal system. There are countless hearings, pleadings, and procedures that go into a criminal case. The right legal counsel can explain them in a way that allows a defendant to truly understand the decisions they are making.

Attorneys are also advocates, both in motion practice and during court proceedings. They can stand up for the rights of the accused and ensure fair treatment by the court. When issues arise, they can pursue motions and other options on behalf of the defendant. While it is natural to expect an NYC attorney to focus on beating an assault charge or avoiding a conviction for domestic abuse, some of the most important work they can perform is mitigating the consequences of a conviction. An attorney could limit the penalties following a trial or negotiate a plea that comes with reasonable terms.

What to Do After Being Charged with Assault or Domestic Violence

It is important to tread carefully after an arrest for assault or domestic violence. A misstep can make things dramatically worse and even lead to additional criminal charges. Some steps to take include:

• Avoid discussing the case with the police
• Do not post about the charges or the alleged victim on social media
• Be respectful
• Do not resist arrest
• Make notes of what happened as soon as possible

There are few things a person can do after being charged with a crime that is more helpful to their defense than speaking with a lawyer. An attorney could not only explain the difference between assault and domestic violence, but they could also develop the strongest possible defense strategy as well.

Orders of Protection

Another difference between these two offenses is that an act of domestic abuse can result in an order of protection from a family court. These orders are issued by a judge to restrict the behavior of an individual accused of family violence. In order for this option to be available, the parties must be family or household members. This could include parents, spouses, co-parents, siblings, or relatives who live together. One benefit of this approach is that a family court judge can issue an order even when criminal charges have been filed.

Orders of protection are available in assault cases as well. Instead of family law judge, the criminal courts have the power to issue these orders—but only when charges have been filed. Once granted, the accused is limited in their ability to contact the person protected by the order or their loved ones.

Call a New York Attorney to Learn More About the Difference Between Assault and Domestic Violence Abuse

While there are major differences between assault and domestic abuse charges in New York City, either scenario can lead to serious criminal consequences. If you are facing this type of legal jeopardy, now is the right time to talk to an attorney. Reach out as soon as possible to discuss your defense options.