Family disagreements can become heated, especially during stressful times such as the holiday season. But when an argument involves physical contact or alleged threats, police may become involved, and a dispute between relatives can potentially result in an arrest. For families in White Plains and throughout Westchester County, understanding how New York law treats these situations can help someone facing an accusation make informed decisions.
If you or a family member has been arrested or accused of assault after a family dispute, consider getting legal guidance promptly. Contact Portale Randazzo LLP through our online contact form or call (914) 875-2065 to discuss your situation and understand your options.
Can Someone Be Arrested After a Family Argument?
Yes. Being related does not prevent an assault allegation from becoming a criminal matter.
New York law allows police officers to make an arrest when they have reasonable cause to believe a person committed a crime. When an alleged offense involves members of the same family or household, New York law also contains specific procedures for determining whom to arrest when more than one person may have used physical force.
An argument by itself is not necessarily assault. However, physical conduct that causes injury, or certain conduct involving an intent to cause physical injury, can potentially lead to an assault charge.
What Can Lead to an Assault Charge?
New York has several degrees of assault. The exact charge depends on factors such as the alleged conduct, the injuries involved, the person's intent, and other circumstances.
For example, New York's assault in the third degree statute includes intentionally causing physical injury, recklessly causing physical injury, or causing physical injury through criminal negligence involving a deadly weapon or dangerous instrument.
More serious allegations can lead to higher-level charges. Assault in the second degree can include intentionally causing serious physical injury or causing physical injury with a deadly weapon or dangerous instrument under certain circumstances.
Important questions may include:
- Who initiated the physical encounter?
- What injuries were reported?
- Were weapons or other objects involved?
- What did witnesses see or hear?
- Are there photographs, messages, recordings, or other evidence?
Does It Matter That the People Are Related?
It can. New York law recognizes certain disputes between family or household members as family offenses. These relationships can include relatives by blood or marriage, spouses and former spouses, people who share a child, and certain people who have lived together.
An alleged assault between family or household members may therefore involve both criminal proceedings and issues involving an order of protection.
When a criminal action involves certain family or household members, a court may issue a temporary order of protection. Depending on the terms, this can affect communication, contact, or living arrangements while the case is pending.
What If Both Relatives Claim They Were Attacked?
Family disputes are not always one-sided. Two people may provide different accounts of what happened, or one person may claim they were protecting themselves from physical harm.
New York law recognizes a justification defense when a person reasonably believes physical force is necessary to defend themselves or another person from the use or imminent use of unlawful physical force, subject to specific limitations.
That does not mean every claim of self-defense will succeed. The surrounding circumstances, available evidence, and actions of everyone involved need to be carefully considered.
What Should You Do After an Assault Arrest?
If police have arrested someone following a family dispute, avoid trying to resolve the situation by arguing with the other person. It is also important to take any order of protection or other court instructions seriously.
Consider taking these steps:
- Avoid discussing the incident publicly or posting about it online.
- Preserve relevant messages, photographs, videos, and other evidence.
- Write down what you remember about the incident while the details are still fresh.
- Follow all court orders and release conditions.
- Speak with a criminal defense lawyer before making important decisions about the case.
An arrest is not the same as a conviction. The evidence and circumstances surrounding the alleged incident still need to be evaluated.
When Should You Contact a Criminal Defense Lawyer?
An assault allegation involving a relative can affect more than the criminal case itself. An order of protection may affect where someone can go, whom they can contact, or how family members interact while the matter is pending.
Portale Randazzo LLP handles assault and domestic-violence-related felony assault charges in Westchester County. Its assault defense services address allegations including assault in the first, second, and third degrees, aggravated assault, and domestic violence-related felony assault charges.
If you are facing an assault allegation after a dispute with a spouse, parent, sibling, child, or another family or household member, the specific facts matter. Getting legal guidance can help you understand the accusation and the process ahead.
Talk to a Lawyer in White Plains, NY
A family disagreement can become a serious legal matter when police are called, and someone is accused of assault. The relationship between the people involved does not automatically prevent an arrest, and the circumstances may also raise issues involving orders of protection.
If you or a family member is facing an assault arrest or investigation in White Plains or elsewhere in Westchester County, contact Portale Randazzo LLP through our online contact form or call (914) 875-2065. A lawyer in White Plains, NY can review the circumstances of the allegation, explain the legal process, and help you understand your available options.
This article provides general information and is not legal advice. The law and its application can vary depending on the facts of an individual case.