Since domestic violence is a national issue, law enforcement officials throughout the country take such matters very seriously. In fact, many states – including New York – have “mandatory arrest” policies when it comes to domestic abuse allegations.
However, misdemeanor offenses are handled differently. The police must identify the “primary aggressor” among the parties involved in the incident.
Law enforcement officials will consider the following factors when determining the primary aggressor in an alleged domestic violence dispute:
- If any person suffered injuries and the severity of those injuries
- If any person is threatening or has threated harm in the future against another family or household member
- If any person has a prior history of domestic violence charges
- If any person acted in self-defense
When the police make an arrest, the officers will book the primary aggressor at the police station. The first court hearing (arraignment) will occur within 24 hours of booking.
If you or a loved one has been arrested for domestic violence in New York, do not hesitate to let our legal team at Collins Gann McCloskey & Barry PLLC protect your rights, reputation, and freedom. With more than eight decades of combined experience, we have helped many clients facing serious allegations get their charges dismissed or significantly reduced to avoid time behind bars. Let us help you get your life back on track.