In Buffalo domestic violence cases, interfering with the ability of the alleged victim to call for help is taken seriously.
Criminal Mischief in the Fourth Degree – which involves disabling or removing a phone or similar device to prevent someone from calling for help – is a class A misdemeanor in New York State.
This means that it is a crime and carries serious criminal consequences.
A person convicted of this offense faces a jail sentence of up to one year or a sentence of probation of up to three years.
If the court issues a jail sentence of 60 days or less, the sentence may also include a period of probation after release from jail.
In addition to, or in place of, any sentence of jail or probation, the court may also impose a fine of up to $1,000.
There will also be a mandatory surcharge of $175, a crime victim assistance fee of $25, and a DNA fee of $50 in addition to any fine.
If another person’s phone or other communication equipment was damaged, the court may also require payment of restitution for the cost of repairing or replacing the equipment in addition to any fine.
In many domestic violence related cases, the court also issues an Order of Protection.
This order requires the defendant to refrain from threatening actions against the alleged victim and, in many cases, may require the defendant to stay completely away from the alleged victim’s home and work or face additional criminal charges.
If you have been arrested for domestic violence, we would like to hear your side of what happened.
Call us at 716-542-5444 for legal help.