Having gotten our start on the prosecution side of the law, we understand that domestic violence is a dark and deeply impactful situation for victims and their families. If you or someone you know is aware of a domestic violence situation, you should contact the District Attorney immediately. 

As it stands today, we work in criminal defense, which means defending those who are accused of domestic violence crimes. It's not an easy task, but our role is to help those who are accused defend themselves and not to judge, but to help them take the next best first step forward after a situation. 

In the last few years, there have been some updates to domestic violence and other related crime changes in the state of New York. Several of the changes stem from something called Melanie's Law, as well as potential future enhanced domestic violence penalties (A4652 and A5579). 

We believe these are all changes that people should be made aware of, on both sides of the law, given our background with defending those crimes as attorneys. In this blog, we will break down the potential changes to domestic violence laws, along with other related crime changes in New York State, and how they can affect you.

What is Melanie's Law and What Does it Change?

In the state of New York, Melanie's Law is a law that expands domestic violence protections by allowing courts to issue orders of protection for immediate family members or household members of a named victim, regardless of age. On November 25, 2024, Governor Kathy Hochul of New York signed the new expansion.

The rule was made in the first place because of a girl named Melanie Chianese, who was killed by her mother's ex-boyfriend while he was awaiting a guilty plea for his sentencing following her mother's domestic violence case. Cheryl Chianese-Cavalli, the mother, was able to get orders of protection for herself and Melanie's four-year-old son, but Melanie was ineligible because she was 29. The law aims to protect against those who may be a risk, regardless of whether the family member is a child or not.

On our website, in the Domestic Violence page, we specify that you need not even live with the individual who is filing the complaint of domestic violence. With the new expansion to the law, all family and household members will be afforded the same process in court, including the ability to obtain an order of protection. Previously, children under the age of 18 were the only ones allowed to be included in that. So basically, the law is expanding on the family's ability to have as much protection as possible, even for people who are older than the age of 18.

Other Potential Domestic Violence Crimes Changes in the State

Recently, there have been some updates to other possible related crime changes in New York state that we would like to address here that are very important. The following two bills are currently in “assembly committee” status, and are being reviewed to go to the New York State Senate for approval from the Governor. 

Assembly Bill A4652

NY Assembly Bill 2025-A4652 (not to be confused with Bill 2021-A4652) is summarized by this: “Provides that the commission of certain specified crimes which are committed against a member of the same family or household shall be punishable as domestic violence crimes and carry enhanced penalties.”

Assembly Bill A5579

NY Assembly Bill 2025-A5579 relates to acts of domestic violence committed in the presence of children and is summarized by this: “Creates an automatic class E felony on the first offense for committing an act of domestic violence in the presence of children.” Class E in NYS is the least severe category of felony offenses. 4 years in state prison is the maximum penalty that it carries, but there are alternatives like probation or conditional discharge that may be considered for first-time, non-violent offenders.

The common types of domestic violence that are prosecuted in the state still apply to these law changes, including battery/assault, verbal threats, and stalking. We also want to make it clear these are not real laws yet, but could be as they are currently on the table being reviewed and need the proper approvals.

How DuBois Law Works to Defend These Cases

On our domestic violence page, we say as much when it comes to the defense of domestic violence cases: “The prosecution must present credible evidence that some law was broken. This would include evidence that a defendant made a threat of violence against their partner or physically assaulted them.” 

Domestic violence is a crime that could very easily be misconstrued to fit a certain person's side of the case, and so concrete evidence to help the defense is needed.

When someone is accused, it can be extremely distressing and embarrassing for both parties. If you or someone you know is charged, know that there are defenses against domestic abuse charges. Every case is unique and different, which is why having a skilled attorney is vital if charged. 

One of the most common defenses used in domestic violence cases is that the accused was in the act of self-defense. That defense can easily be miscontrued to the other side, so proper evidence is important there. Lack of evidence is another common defense, and with domestic violence, it can be a case of their word against yours or vice versa, and if the evidence is not there, then the case would get thrown out. There are other defenses, like if someone throws out false accusations, if there was a lack of intent, and the violence was accidental, or, finally, if you have a lack of corroborating witnesses, then that's also grounds for the case potentially getting thrown out. 

Ultimately, if you find yourself in the middle of a domestic violence case, you WILL need a quality, experienced attorney to get you the best result possible. 

Contact us today if you have any questions and if you or someone you know needs a quality domestic violence defense attorney!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.