When you think of domestic violence in Queens, you shouldn’t think of one specific type of crime associated with the charge. Because there are different definitions associated with this crime, you usually can’t be charged with just domestic violence. The definition of domestic violence relates to any kind of violent act toward a family member or who have a familial connection. You could also have an intimate relationship with someone else to be charged with a domestic violence crime. Some of the common types of violence that go along with this crime include stalking and harassment.
A common component of domestic violence is harassment. This is any type of behavior that is annoying to the other person. It’s also done to alarm the victim or intimidate that person. Physical contact that doesn’t involve touching can be included in the charges. Another part of harassment charges can involve filing reports against the other person that are false. You could also receive harassment charges if you repeatedly call, text, or send messages in other formats to the other person.
You could face sexual assault charges pertaining to a family member or your partner. When you make the decision to engage in sexual intercourse with the other person or any kind of other sexual activity but without that person’s consent, then you could face sexual assault in relation to a domestic violence charge. Rape is among the charges that you could face in this situation. It is possible to have this kind of charge rape or sexual assault even if you’re married.
If you make the decision to harm the other person in the relationship in any way, then you can face assault as it relates to domestic violence. The act doesn’t have to be intentional. It could be something that you do accidentally. The only thing that needs to be present in order for you to receive criminal assault charges is negligence or some kind of recklessness that causes harm to the other person. In Queens, there are various assault charges that you could face depending on the injuries caused to the other person and whether there were any weapons involved or not. First-degree assault could involve shooting your partner while a second-degree charge would be kicking your partner in the stomach. Shoving another person or harming someone in a minor way would be considered third-degree assault. The injuries that the other person has will often indicate the specific charge that you face as well as the type of sentence that you could receive.
When you are involved in an activity that causes a risk of any kind of injury to the other person, then you can be charged with reckless endangerment. Aside from committing an act of violence, the prosecution usually has to prove that you showed no respect for the life of another person or that your actions could have caused the death of the other person.
Sometimes, you might think that it’s alright to follow someone around or monitor the person’s mail and other information. This activity could result in being charged with stalking. First-degree stalking is the most serious charge. The prosecution would need to show that you did something to instill some kind of fear in the other person in order for stalking charges to hold up in court.
There are a few different factors that the court will look at when determining your sentence. Your criminal record is one of them as well as how closely you’re tied to the community. An attorney can assist in determining whether there was intent behind the domestic violence act or if you committed the crime without intent.
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