What Are the Potential Penalties for a Domestic Violence Conviction in Westchester County?

Interviewer: Let’s say I’m convicted of domestic violence. What penalties am I looking at?

Michael Kramer: It depends upon what you’re convicted of. If it’s a misdemeanor, the penalties vary depending upon whether it’s the first offense or the third offense or the fifth offense. You may be looking at jail time if it’s a fifth offense. Your domestic violence attorney can help you show the court why you deserve a minimal sentence.

Depending on the Circumstances, First Offenders May Receive a Conditional Discharge

If it’s your first offense, depending upon the circumstances again, you may be granted a conditional discharge. A conditional discharge means you’re not supervised and you should stay out of trouble for the next year and follow the informal conditions the judge sets forth. Ask your domestic violence attorney if you are eligible for a conditional discharge in Westchester County.

Other Penalties Range from Supervised Probation to a Jail Sentence

On the other end of the spectrum, with a first offense you could receive probation. You would be subject to being supervised by the domestic violence unit of the probation department. This department has their own separate conditions. That’s the full range. It’s usually conditional discharge to probation on a first offense.

If it’s third, fourth, or fifth offense depending upon the nature of the incident, depending upon how seriously the victim is injured, a judge might consider jail time. Your domestic violence attorney is there to help present to the judge any reasons why you should not serve jail time.

Interviewer: What about during the arraignment? During that period, would that person see jail time around there?

After an Arrest for Domestic Violence, Bail Is Not Typically Required Unless There Are Serious Allegations of Assault

Michael Kramer: Well arraignment is in a stage where you’re presumed innocent, so there’s no jail time imposed. The only time jail comes into play in an arraignment is if the judge feels a high bail is necessary, and a defendant can’t make that bail, then they sit in jail while the case is pending.

Those circumstances are very rare and only reserved for the most serious domestic violence cases, where there’s terrible injury involved. The particular defendant is a real threat to the victim and then a high a bail will be considered. Otherwise, it is not usually required and your domestic violence attorney can easily handle your release on bail.