NYS Domestic Violence = Mandatory Arrest
New York dramatically changed its criminal law procedures when it implemented a “mandatory arrest” law for cases involving domestic violence. If the police are called for a potential domestic violence incident and they have probable cause to believe you committed an act of domestic violence, they are required to arrest you. Even if the alleged victim doesn’t want to press charges, new police training puts much less emphasis on the victim’s wishes.
This can make it more complicated to defend against domestic violence charges and only a criminal lawyer can help you. unlike some other criminal charges, the case can still proceed, even if the alleged victim changes his or her mind or the parties resolve the issue before the police arrive at the scene.
Why Was this Law Put into Place?
This law came about through good intentions. Unfortunately, many victims of domestic violence will change their story out of fear or love, because they feel trapped economically, or for a number of other reasons specific to their situation. Since a number of domestic violence cases end in serious injury or death, even after the victim has retracted their claims of abuse, New York no longer relies on the victim before pressing charges and making an arrest.
Sadly, by automatically arresting alleged abusers in an attempt to protect their victims, New York state has created a complicated problem for criminal defendants. If you are involved in or accused of being involved in a domestic incident, you could be automatically arrested, even if the victim has recanted their claims of abuse. Even if you and the other person were both participating in the incident, if the police believe you were the “primary” or main aggressor, you may be the only person arrested. An arrest could you leave you with a criminal record that could impact your future.
NYS Domestic Violence Mandatory Arrest Law in Practice: “What Will the Police Do?”
If the police are called in an emergency, they are required to come and investigate, whether the emergency is related to domestic violence or any other incident. Once on the scene, police must begin to investigate to see if there is enough evidence to show that you committed a crime by harming or threatening the alleged victim. If police gather enough of this evidence to have probable cause to believe, or reasonable belief, that you committed an act of domestic violence and are required to arrest you under New York law.
and only a criminal lawyer can help you by questioning the alleged victim. They will want to know what happened, in the victim’s perspective, where you are, whether any weapons were used, and where they may be, if there are any injuries, and if any children are present in the home. The police will typically take photos of any injury or property damage, confiscate any weapons, and make copies of any messages that threaten the victim, apologize for the incident, or otherwise discuss the incident.
