New York Governor, Andrew Cuomo, signed a bill into law in late October that creates harsher punishments for those individuals that commit domestic violence-related crimes, as reported by the New York Law Journal in an October 26th, 2012 news article.
The new bill creates more protection for victims by creating a new crime of aggravated family offense. With the aggravated family offense a person may be prosecuted for a class E felony for any misdemeanors or felonies that has been committed if the person has been previously committed of any crime against a family member in the last five years. E felonies carry a penalty of a prison term of one to four years.
Additionally more risk factors were added to be reviewed by the courts when deciding whether to allow bail for those accused of committing a domestic violence crime. One of these new factors is whether the accused has access to a gun. This was in response to the number of fatalities related to domestic violence in the state. The goal of this new standard is to help reduce the number of deaths in the state.
The last change established by the new bill is the number of presiding judges will increase. In any New York City parolee case two administrative law judges will review the facts and findings of the case. This was done so that each case is given more attention to the details to help provide a higher level of protection to the victims and reduce the risk of the person repeating the act.
If you are seeking a protective order, divorce or child custody it is advisable to retain the expertise of an experienced attorney. Jayson Lutzky has over 29 years of experience practicing law and understands the importance of understanding new legal developments. He offers free initial consultationsâ€”to set one up, please call his office at (800) 660-5299 or visitÂ www.MyNewYorkCityLawyer.com.