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In a classic case of domestic violence, the victim, usually the wife of the perpetrator, is afraid of the consequences when she decides to file a case against her husband and her husband is convicted.
A 35-year old man was charged with the crimes of assault and coercion. According to sources, the charge arises out of an incident that occurred at dawn one July day. The sources said that the husband punched his wife in the ribs causing laceration to her spleen and requiring hospitalization in intensive care and medical treatment. The wife added that her husband took her cell phone and tore the telephone line for her cordless phone off the wall to prevent her from calling 911.
In this case, the district attorney responsible for the case found that the charges against the husband should be reduced to a misdemeanor felony. There were no claims that the felony complaints were defective but the District Attorney determined that it would not be in the interest of justice or the best interest of the family to proceed with felony prosecutions.
The District Attorney pointed out that the husband does not have a “significant criminal history.” The District Attorney added that the wife wants her husband to address his anger issues through counseling,” and that a felony conviction could prevent the husband from supporting his family,” that the wife feels her husband’s criminal conduct was an isolated incident and she has accepted responsibility for his criminal conduct.” But, the court found these findings to be unsupported by the wife’s statements.
The court held that it is not uncommon in domestic violence cases for the perpetrator and the victim to have children together, or to be concerned about the impact of a felony conviction upon their finances and personal relationship. In situations like these, victims are often unwilling to pursue criminal charges. That reluctance may indicate the controlling or manipulative behaviors on the part of an abusive partner and the victim’s minimization of abuse, the court said.
Also, the fact that the husband’s ability to earn income may be impaired by his conviction of a felony crime is no grounds for reduction of the charge to a misdemeanor, the court held.
The court pointed out that there is no indication that the husband’s conviction of a misdemeanor crime will have any less impact on his ability to earn income to support his family than would result from a felony conviction. Although loss of employment following a criminal conviction is a well-recognized collateral consequence, a defendant’s obligation to support his children is unabated thereby. Also, services are available to provide financial assistance to a victim and her/his children. Moreover, New York law generally prohibits discrimination in employment against persons previously convicted of one or more criminal offenses, thereby significantly mitigating the effects of a felony or misdemeanor conviction upon a defendant’s subsequent employment.
Being a victim of domestic violence is difficult for all. There are New York Domestic Violence Attorneys who will stand by you and make sure your rights are protected. These Attorneys can argue your side and make sure that you and your loved ones are compensated.
Stephen Bilkis & Associates with its NY Family Lawyers has offices located in the New York Metropolitan area including Corona, NY. Our Attorneys will provide you with advice to help you through your difficult situation. Without our Attorneys, you may lose your rights, which may cost you a significant amount of money.
Please know that in addition to Family Law, Stephen Bilkis and Associates will recommend Assault Lawyers who will help you.