Key Offenses Classified as Domestic Violence

In New York, acts of domestic violence are prosecuted under specific Penal Law sections, depending on the nature of the offense. Common charges include:

  *   Assault: Causing physical injury to another person.
  *   Menacing: Intentionally placing or attempting to place another person in fear of death or serious physical injury.
  *   Stalking: Engaging in a course of conduct that causes substantial emotional distress or fear.
  *   Harassment: Engaging in a course of conduct or repeatedly committing acts that alarm or seriously annoy another person.
  *   Strangulation: Intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck.
  *   Criminal Obstruction of Breathing or Blood Circulation: Similar to strangulation but may involve less force or result in less severe injury.
  *   Criminal Mischief: Damaging or destroying property belonging to another person.
  *   Sexual Offenses: Including sexual abuse, forcible touching, or rape.
  *   Coercion: Compelling or inducing another person to engage in conduct by instilling fear.

These offenses are categorized based on their severity, with corresponding penalties.

Penalties for Domestic Violence Offenses

The penalties for domestic violence offenses in New York City vary depending on the classification of the crime:

  *   Class A Misdemeanors (e.g., Third-Degree Assault, Harassment in the Second Degree):
     *   Up to 1 year in jail.
     *   Fines up to $1,000.
     *   Probation and mandatory counseling or anger management programs.
 
  *   Class E Felonies (e.g., Second-Degree Strangulation):
     *   Up to 4 years in prison.
     *   Fines up to $5,000.
     *   Probation and mandatory counseling.
 
  *   Class D Felonies (e.g., Second-Degree Assault):
     *   Up to 7 years in prison.
     *   Fines up to $5,000.
     *   Probation and mandatory counseling.
 
  *   Class C Felonies (e.g., First-Degree Strangulation):
     *   Up to 15 years in prison.
     *   Fines up to $5,000.
     *   Probation and mandatory counseling.
 
  *   Class B Felonies (e.g., Aggravated Sexual Abuse, Rape in the First Degree, Assault in the First Degree):
     *   Up to 25 years in prison.
     *   Fines up to $5,000.
     *   Probation and mandatory counseling.

In addition to these penalties, individuals convicted of domestic violence offenses may face:

  *   Protective Orders: Courts may issue orders of protection to prevent further contact between the offender and the victim. This can also result in defendants being prohibited from returning to their own homes or communicating with family members (such as children) while the charges are pending.
  *   Firearm Restrictions: Convicted individuals may be prohibited from possessing firearms.
  *   Employment Consequences: A criminal conviction can impact current employment and future job prospects.
  *   Immigration Consequences: Non-citizens may face deportation or difficulty obtaining citizenship.

Recent Legislative Developments

New York State has enacted several laws to address domestic violence more effectively:

  *   Melanie’s Law: Signed into law in November 2024, this legislation allows courts to issue orders of protection for all family members of domestic violence victims, regardless of their age. This law was prompted by the tragic murder of Melanie Chianese by her mother’s abusive ex-boyfriend in 2022. Previously, protective orders could only be issued for children under 18. Melanie’s Law aims to close this legal loophole and expand protections for domestic violence victims to all their family members.
  *   Domestic Violence Survivors Justice Act: This act allows for reduced sentences for individuals convicted of serious crimes, such as murder, if they can demonstrate that they were victims of significant domestic abuse. The law aims to provide justice for those who commit crimes in response to prolonged abuse.

Conclusion

Domestic violence offenses in New York City are treated with utmost seriousness, and the legal system provides various avenues for both prosecution and defense. The penalties for such offenses can be severe, impacting an individual’s freedom, reputation, and future opportunities. Oftentimes complaints are made to the police in the heat of the moment, but arrests may be made and cases pursued even where complainants wish to retract their complaints.

If you or someone you know is facing domestic violence charges, it is crucial to seek experienced legal counsel to navigate the complexities of the legal system and to ensure that rights are protected throughout the process. Matthew Galluzzo is a former Manhattan supervising prosecutor within the domestic violence unit. He is an experienced criminal defense attorney who has successfully defended dozens of people accused of domestic violence offenses of all sorts. If you or a loved one have been arrested for domestic violence, you should strongly consider engaging him to be your lawyer.

The trial judge will now be responsible for sentencing Mr. Majors. The defense lawyers may ask that the trial court overturn the jury’s verdict, but those sorts of motions are rarely granted. Instead, the defense lawyers will need to concern themselves for now with persuading the judge to impose a non-jail sentence. The court could sentence Mr. Majors for as much as one year in jail, which he would have to serve at the notorious prison on Rikers Island. However, the court could instead impose a sentence of up to three years’ probation (which would restrict his ability to travel, even for work), or other conditions like anger management or counseling. The defense attorneys will likely propose some sort of counseling program with community service and beg the court to not sentence him to probation so that he can travel to filming locations without interruption or complication. Obviously, this conviction may ruin his Hollywood career, as certain projects have already been put on hold or suspended as producers awaited the outcome of this trial.

If one had to predict, one would not expect the court to impose a jail sentence in a reckless assault case. First, Mr. Majors has no criminal history, which tends to militate strongly against jail sentences in relatively minor cases. Furthermore, the injuries sustained by Mr. Jabbari appeared to be relatively minor on the spectrum of assault cases; certainly, many assault trials involve much more serious injuries resulting in hospitalizations and/or permanent disabilities. Mr. Majors is a prominent person and the court might want to make an example of him, but he is also potentially able to do something positive for the community, as well. So, I would predict some sort of combination of anger management and community service, along with an order of protection in favor of Ms. Jabbari. The big question really is whether Mr. Majors will be sentenced to a period of probation, which would be a huge hindrance for his career.

The verdict is somewhat surprising here. There was some evidence that tended to suggest that Mr. Majors was a victim of Ms. Jabbari’s aggression. Indeed, he filed a report against Mr. Jabbari that did originally result in her arrest, as well. Moreover, an Uber driver who shuttled the two of them together about the time of the assault offered the opinion that Ms. Jabbari was initiating the conflict. It’s always difficult to second-guess strategic decisions made by attorneys in the trial, but Mr. Majors’ decision not to take the stand almost certainly cost him. Courts also instruct juries not to infer guilt from a defendant’s decision not to testify, but the jury had to perplexed by the fact that a charismatic stage and film actor would sit silently at the defense table and let his attorney make the case that he was a victim, without saying it himself.

Mr. Majors will be able to pursue an appeal if he so chooses, but appeals courts are loath to overturn verdicts based upon the facts. Typically, questions of guilt or innocence are entrusted to the jury, as are assessments of witness credibility. Those decisions usually remain undisturbed. If the defense can make the argument that the trial court made an improper legal ruling that had a material effect on the outcome, then they may have a chance on appeal. But there’s nothing in the record here that stands out as particularly controversial, in terms of legal decisions made by the court during the trial. So, it is more likely than not that this judgment will be affirmed on appeal.

The author of this article, Matthew Galluzzo, is a criminal defense attorney and former Manhattan prosecutor. As a prosecutor, he was a supervisor in the domestic violence bureau of the New York County District Attorney’s Office, the same office that prosecuted Jonathan Majors in this case. He was worked as an appellate prosecutor responding to criminal appeals, and later prosecuted murders and sex crimes cases. In 2023, in recognition of his service to the French government and his successful representation of dozens of French citizens, he was knighted by the nation of France and is now a Chevalier in the French Order of Merit.

Mr. Baldwin was arrested in November after allegedly punching someone over a parking spot in Manhattan. Mr. Baldwin generally denied punching the other person though he admitted to pushing him. Baldwin was actually given a Desk Appearance Ticket and eventually charged with Attempted Assault in the Third Degree (Penal Law 110/120.00), a Class B misdemeanor, and Harassment in the Second Degree (Penal Law 240.26), a violation. Prosecutors reviewed video surveillance footage, spoke to witnesses, and considered the complainant’s medical records before ultimately making a plea bargain offer to Mr. Baldwin. Under the terms of that deal, which Mr. Baldwin accepted in January 2019, Mr. Baldwin pleaded guilty to Harassment in the Second Degree and will undergo a short anger management program.

By pleading guilty, Mr. Baldwin was convicted of Harassment in the Second Degree. However, this conviction is not a “crime” under New York state law, it is a violation and/or criminal offense. As such, in response to the question, “Have you ever been convicted of a crime,” Mr. Baldwin could answer “no”. Also, upon completing this short anger management course (typically completed within one day), Mr. Baldwin’s records will be sealed to the public after one year. The most important benefit to this deal, of course, is that Mr. Baldwin avoids the possibility of being convicted of the misdemeanor charge and receiving a possible (though unlikely in this case) sentence of jail.

The downside to this disposition for Mr. Baldwin is that he had to admit, under oath, that he had harassed the complainant. This makes it likely that the complainant will bring a civil suit against Mr. Baldwin, and Mr. Baldwin will have a difficult time defending himself against the underlying facts. To be sure, damages will still very much be at issue in a civil lawsuit, but Mr. Baldwin’s harassment of the complainant has already been settled by way of his guilty plea under oath. The attorneys at The Law Office of Matthew Galluzzo have also successfully defended several individuals accused of assault or sexual assault in civil court following the disposition of the related criminal cases.

All in all, however, it is a fairly standard disposition in a case in which the injuries appear to have been minimal. (Indeed, Mr. Baldwin was only charged with Attempted Assault instead of Assault because the complainant’s injuries did not rise to the necessary level of an assault charge.) We have also been able to secure outright dismissals for many of our clients, or negotiate “ACDs” (adjournments in contemplation of dismissal), which are superior to violation plea bargains in that the charges are totally dismissed after a six or twelve month period of time, and there is no admission of guilt whatsoever. When misdemeanor assault charges involve very serious injuries, then prosecutors sometimes insist upon the defendants being convicted of misdemeanor charges, which can result in jail time. Those cases in particular require especially skillful representation.

If you or a loved one have been arrested or given a Desk Appearance Ticket for an assault related charge, you should strongly consider contacting the experienced former prosecutors at the Law Office of Matthew Galluzzo.

If you are a FINRA-licensed professional facing a criminal case, you should strongly consider contacting the experienced criminal defense and FINRA litigators at the Law Office of Matthew Galluzzo. Their unique background allows them to give expert advice to financial professionals facing serious professional consequences as a result of an arrest.