DOMESTIC VIOLENCE - CRIMINAL COURTS

 Domestic violence is different from other types of  violent criminal offenses in that that it takes place in a household, between family members or loved ones. There are various types of domestic violence offenses, such as domestic assault, stalking, harassments, threats of violence, verbal or physical abuse, imprisonment or physical restraint. The state of New York takes domestic violence offenses very seriously, and a conviction for domestic violence can have far-reaching and long-lasting severe consequences. In many cases, filing criminal charges in the area of domestic violence automatically results in temporary protection orders, known also as temporary restraining orders, against the defendant. The temporary restraining order very frequently may prevent the defendant from entering freely the shared premises or from being near the person who was the victim or accuser, and other family members.

Being convicted of domestic violence offense may results in imprisonment, probation, hefty fines as well as loss or suspension of firearms priviliges.If you are facing a misdeameanor domestic violence charge, you could be facing between 15 days and 1 year of jail sentence and fines up to $1,000.00. However, in case of domestic violence felony charges, the penalties are much more severe and you could face 4 to 25 years of imprisonment and fines that are upwards of $30,000.00.

Regarding the above mentioned protection orders, the court can issue one if a person is accused of committing a crime against a spouse, child or parent, or a member of the same household. The temporary protection orders can also be issued in family court proceedings, upon an appropraiate petition filed by a victim of domestic violence. Provisions of the temporary protection orders may include the following situations:

- prohibiting the defendant from entering household, school, place of work of the victim, any family member, witness, or household member;

- setting a scedule of child visits if the defendant was a parent;

- prohibiting the defendant from committing criminal offenses against a member of the family, household memmber, or a child;

- prohibiting the defendant from creating an unreasonable risk for the safety, health, or welfare of a child, family member, or a household member;

- requiring the defendant to allow a designated person to enter the residence at a specified time in order to pick up personal belongings of the defendant;

-prohibiting the defendant from causing harm to any child or pet in the houshold.

Janusz Andrzejewski, is an attorney admitted to practice law in the state of New York (June, 1993) and you can contact him at (212) 634-4250 or by e-mail at: janusz@januszandrzejewski.com

DRIVING WHILE INTOXICATED

 It is not easy to find yourself facing criminal charges, particularly for those who ended up as a defendant in criminal court proceedings. You need in your corner an attorney who will stand up for you; in fact, in criminal proceeding no judge will proceed with a case with a defendant who is not represented.

 In the area of DWI (driving while intoxicated) many individuals who have been charged with it, have had no previous exposure to the criminal justice system. Yet intoxication with alcohol (or drug) related offenses are taken very seriously in the state of New York and can very often result with a criminal record that can follow you for the rest of your life. In fact, the punishments in DWI cases in the state of New York are very harsh nowadays.

The drivers are considered impaired if their blood alcohol concentration exceeds 0.05%, and legaly intoxicated if it reaches the level of 0.08%. The severity of the charges and of statutory penalties will vary depending on blood alcohol concentration, additional involvement of drugs, or whether the defendant is a repeated offender. You have to realize, however, that a first time offense can bring you  serious charges or penalties.

The charges in DWI cases are divided depending on specific factors surrounding the circumstances:

DWI - A person who is caught while driving a motor vehicle with a blood alcohol concentration of 0.08% or more can be charged with the misdemeanor of DWI. Had that defendant received another DWI within the past 10 years, he or she may be facing a felony charge.

Aggravated DWI - A person who is caught operating a motor vehicle with a blood alcohol concentration of 0.18% or higher, may be charged with aggravated DWI.

DWAI (or, driving, while ability impaired) - A person who is caught operating a motor vehicle with a blood alcohol concentration of between  0.05% and 0.08% may be charged with a DWAI. Even though it is not a criminal charge, the  penalties may include jail time and fines.

DWI-Drugs - A person who is caught operating a motor vehicle under influence of drugs may be charged with a DWI-Drugs.

DWI-Combination - A person who is caught operating a motor vehicle under influence of both alcohol and drugs, may be charged with a DWI-Combination.

The state of New  York has also zero-tolerance laws for drivers under the age of 21, which make it unlawul for the young drivers to operate a motor vehicle with a blood alcohol concentration as low as 0.02%

Janusz Andrzejewski is an attorney admitted to practice law in the state of New York (June,1993) and you can contact him at (212) 634-4250 or by e-mail at janusz@januszandrzejewski.com