Domestic violence is a widespread problem in our country and many laws have been enacted to combat this type of crime and aid the victims. Federal felony domestic violence laws carry harsh penalties, as does New York’s.

Domestic violence has always been a component of many intimate relationships. While it does not occur in all, it is prevalent. And it isn’t confined to just marriages or romantic relationships. It can occur among family members or even roommates. Experts say that 1 in 3 women and 1 in 4 men have been victims of domestic violence.

Felony domestic violence carries serious penalties. You could be looking at prison time, up to 25 years, fines up to $30,000, and a stigma that will stick with you forever. It could also keep you from getting a job or prevent you from working in certain industries and affect your ability to rent an apartment or own a business. You could also be prohibited from owning a gun. What’s more, it can leave you branded a “wife-beater” or “man-hater” or worse, regardless of the circumstances.

It is a crime that lawmakers, as well as the public, take very seriously. And with the “Me Too” movement sweeping the nation, the public more than ever wants harsh punishment for the accused and the prosecutors are more than happy to comply.

This can lead to overzealous prosecution in the courtroom. This is dangerous.

It’s also why you need experienced, knowledgeable legal representation. If you have been charged with felony domestic violence, whether you are guilty or not, pick up the phone and get an attorney today.

Overview of Felony Domestic Violence

A person commits a crime of domestic violence when he or she commits a violent act against an intimate partner. If this seems to look a lot like assault and battery, it is. The defining line that makes the act domestic violence instead of assault and battery is the relationship between the people involved. Domestic violence is a crime against intimates.

Intimates are defined as:

  • Spouse (current or former)
  • Dating partner (current or former)
  • Family member (parent, child, siblings, etc.)
  • Household member (roommate)

Felony domestic violence occurs when the defendant caused serious bodily injury or death, or if the victim was a child, or if a child was present when the attack took place. In some states, if the victim is pregnant and the accused is aware of that fact, it can escalate the offense to felony domestic violence.

Violence Against Women Act (VAWA)

Congress passed the Violence Against Women Act (VAWA) in 1994 to provide support to local law enforcement in combatting domestic violence.

The title of the act indicates it is specifically for women. However, the gender-neutral language contained within establishes that it applies to both men and women. Critics claim that it is not enough and that some abused men are not being adequately protected by this law.

Programs and services that the VAWA provides include:

  • Federal rape shield law
  • Funding for victim assistance programs and services such as domestic violence hotlines and rape crisis centers
  • Community-level violence prevention programs
  • Programs to specifically address the needs of immigrant women as well as women of different ethnicities or races
  • Legal aid for domestic violence survivors
  • Special protection for victims who are evicted from their homes due to stalking or events associated with domestic violence
  • Services and programs for victims who have disabilities

The Act also made orders of protection enforceable nationwide. This was done under the terms of full faith and credit and means that even if an order of protection was granted in one state, it is enforceable in all states.

When Felony Domestic Violence Becomes a Federal Crime

For the most part, domestic violence crimes are handled at the state level. However, there are instances where it can become a federal crime.

If the defendant travels interstate with the intent to intimidate, harass, or injure their intimate partner, family member, or household member. If the person, during the course of their travel or as a result of the travel, intentionally commits a violent crime against the victim and causes them to sustain bodily injury, it is a federal crime.

In order for this to meet federal requirements, two criteria must be met:

  • The defendant must have intent to commit domestic violence at the time they engage in or are engaged in interstate travel, and
  • The defendant causes bodily injury to the victim

If the defendant causes their intimate partner to cross state lines by fraud, duress, coercion, or force and at any point during or as a result the victim sustains bodily harm. Intent to cause the victim to cross state lines is not a requirement here. Proof that the interstate travel was the result of fraud, duress, coercion, or force is required.

Other federal domestic violence crimes include:

  • Crossing a state line with intent to harass, stalk, or injure another person
  • Crossing state lines with intent to violate an order of protection
  • Cause a partner to cross state lines in violation of an order of protection
  • Harass or stalk a person by computer or mail

Congress has also passed laws that specifically address guns and domestic violence offenders under the Gun Control Act:

  • Possessing a gun and/or ammunition after being convicted of a domestic violence offense is a federal crime
  • Possessing a gun and/or ammunition if the person has an order of protection against them

Federal Felony Domestic Violence Charges

There are several specific federal felony domestic violence laws. They cover interstate travel, guns, and orders of protection.

18 U.S. Code § 2261 – Interstate domestic violence

  • (a)Offenses.—
    • (1) Travel or conduct of offender. —A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
    • (2) Causing travel of victim.—A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).

18 U.S. Code § 2261A – Stalking

  • Whoever—
    • (1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—
      • (A) places that person in reasonable fear of the death of, or serious bodily injury to—
        • (i)that person;
        • (ii)an immediate family member (as defined in section 115) of that person;
        • (iii)a spouse or intimate partner of that person; or
        • (iv)the pet, service animal, emotional support animal, or horse of that person; or
      • (B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or
    • (2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—
      • (A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or
      • (B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),
    • shall be punished as provided in section 2261(b) or section 2261B, as the case may be.

18 U.S. Code § 2262 – Interstate violation of protection order

  • (a) Offenses.—
    • (1) Travel or conduct of offender. — A person who travels in interstate or foreign commerce, or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, service animal, emotional support animal, or horse of that person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b).
    • (2) Causing travel of victim.— A person who causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, service animal, emotional support animal, or horse of that person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).

New York Felony Domestic Violence Charges

New York law does not define just one crime as domestic violence. This means that technically a person cannot be arrested and charged for “domestic violence,” instead they will be charged with violating some specific laws such as assault, stalking, kidnapping, rape, and even murder. However, if the victim was an intimate partner of the accused, then the matter automatically becomes a domestic violence case and is prosecuted accordingly. 

The laws that are used to prosecute the types of crimes that would fall under the domestic violence umbrella often carry steep penalties.

For instance, the majority of domestic violence sex crimes are found under New York Penal Law – Part 3 – Title H – Article 130, they are mostly felonies. 

Other New York Domestic Violence laws include:

Penalties for a Federal Felony Domestic Violence Conviction

The penalties for all three federal laws on felony domestic violence are very steep. To summarize:

  • If the victim dies as a result of the domestic violence
    • Life in prison or any term of years
  • If the victim is permanently disfigured or sustains a life-threatening bodily injury as a result of the domestic violence
    • Maximum 20 years in prison
  • If the victim sustains a serious bodily injury as a result of the domestic violence, or if the offender uses a dangerous weapon at any point during the commission of the offense
    • Maximum 10 years in prison

Penalties for a Felony Domestic Violence Conviction in New York

The maximum penalty for a felony Domestic Violence conviction in New York is 25 years as well as steep fines. It can also include an order of protection being filed against the defendant in favor of the victim. If the offense was a sex crime, the defendant may be required to register as a sex offender.

Penalties for domestic violence crimes can vary widely, at least in part because there are no actual domestic violence laws on the books. That is in itself a very good reason to have a criminal defense attorney.

Defenses for Felony Domestic Violence

Several defenses can be used when a person is charged with a domestic violence crime.

  • The victim is lying – the injuries are not consistent with their story
  • The defendant did not do it – the defendant was not at the scene, eyewitness reports verify the defendant is not guilty, etc.
  • Self-defense – the defendant was protecting themselves from the alleged victim
  • Defense of others – the defendant was protecting another person from the alleged victim
  • Defendant has an alibi
  • Lack of evidence
  • Lack of intent

A felony domestic violence charge is a very serious matter, and you need an experienced and knowledgeable domestic violence defense attorney to handle your case.

You need The Litvak Law Firm. Mr. Litvak and his team have the experience, knowledge, and skill to represent you from start to finish, represent you in the courtroom, and make sure that your rights are protected. Call today at (718) 989-2908 for your free consultation.