New York Penal Law 240.75 is a section of New York’s criminal law that is somewhat of an unknown in the non-legal community. There is much support behind the concept that if you repeatedly commit and are convicted of domestic violence crimes or family offenses, at some point an order of protection and some degree of incarceration in a local or county jail is not enough.
To combat this concern, New York State created the crime of Aggravated Family Offense pursuant to New York Penal Law 240.75. Whether your New York domestic violence lawyer advises you on this statute or you missed the opportunity and you are standing before a criminal court judge for sentencing, know that your exposure on this class “E” felony is quite serious. In fact, what was only a misdemeanor punishable by up to one year in a county jail can no be a felony with a potential sentence of up to four years “upstate.” If you have a prior felony regardless of whether its violent, domestic or white collar and you were convicted of that offense in the prior ten years, because Aggravated Family Offenses are class “E” felonies, a conviction would not merely be as great as four years, but you would also face a mandatory one and a half to three years in prison. Regardless, living within the confines of the New York State or local county department of corrections for any period of time is a miserable way to tick away the days of your life.