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Long Island Aggravated Family Offense Lawyer (PL 240.75)
Aggravated family offense (PL 240.75) is a class E felony in New York. It turns what would normally be a misdemeanor, such as assault in the third degree, menacing or criminal contempt, into a felony when the person charged has a conviction for a similar family offense within the past five years. The charge is common in domestic cases on Long Island, especially in Nassau County. Richard Hochhauser is a former Nassau County prosecutor who defends aggravated family offense charges and works to keep domestic cases from becoming felonies.
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Nassau County prosecutor
Charged with aggravated family offense?
Call before your first court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
Aggravated family offense arrests on Long Island
We reviewed two years of arraignment records from the Nassau County and Suffolk County district courts. More than 40 people were charged with aggravated family offense, most of them in Nassau County. In each of these cases, a misdemeanor domestic charge became a felony because of an earlier conviction.
What the prosecution must prove under PL 240.75
- A new misdemeanor “specified offense”, such as assault in the third degree, menacing, criminal mischief, stalking, aggravated harassment or criminal contempt.
- A family or household relationship between you and the person involved: relatives, spouses, former spouses, people with a child in common, or people who are or were in an intimate relationship.
- A prior conviction for a specified offense within the past five years, not counting time spent in jail or prison. The prior case must also have involved a family or household member, though not necessarily the same person.
Not every prior counts. Harassment in the second degree (PL 240.26) and disorderly conduct are not specified offenses. A prior conviction for one of those cannot be used to make a new case an aggravated family offense.
Common specified offenses
| Offense | Penal Law section |
|---|---|
| Assault, 3rd degree | 120.00 |
| Menacing, 2nd and 3rd degree | 120.14, 120.15 |
| Reckless endangerment, 2nd degree | 120.20 |
| Stalking, 4th degree | 120.45 |
| Criminal obstruction of breathing | 121.11 |
| Criminal mischief, 4th degree | 145.00 |
| Criminal contempt, 2nd degree | 215.50 |
| Harassment, 1st degree; aggravated harassment, 2nd degree | 240.25, 240.30 |
The full list also includes more serious assault, sex offense, burglary, unlawful imprisonment and coercion charges, and attempts to commit them.
Penalties
As a class E felony, aggravated family offense carries up to 4 years in state prison, compared with up to 364 days for the underlying misdemeanor. A felony conviction also carries lasting consequences for employment, housing, firearm rights and immigration status. In almost every case, the court will also issue an order of protection, and violating it is a separate crime. See violating an order of protection.
How we defend these cases
The prior
Challenge the prior conviction
We check whether the prior conviction is really a specified offense, whether it falls within five years after excluding time served, and whether the prior case involved a family or household member.
The new case
Challenge the new charge
If the new misdemeanor can’t be proven, there is no aggravated family offense. We examine the complaint, witness statements, 911 calls and injuries.
Relationship
Challenge the relationship
The law covers specific relationships. Roommates, casual acquaintances and some other relationships may not qualify.
Resolution
Negotiate away from a felony
A reduction to the underlying misdemeanor, or to a violation such as harassment in the second degree, keeps a felony off your record. It also avoids creating a new specified-offense conviction.
See recent domestic violence results on our Long Island domestic violence lawyer page.
Prior results do not guarantee a similar outcome.
Aggravated family offense: frequently asked questions
What is aggravated family offense in New York?
Aggravated family offense, PL 240.75, is a class E felony. It applies when someone commits a misdemeanor specified offense, such as assault in the third degree, menacing or criminal contempt, against a family or household member, and has a conviction for a specified family offense within the previous five years.
Is aggravated family offense a felony?
Yes. It is a class E felony, punishable by up to 4 years in prison, even though the underlying conduct would otherwise be a misdemeanor.
Does a prior harassment violation count?
No. Harassment in the second degree, PL 240.26, is not on the list of specified offenses, and neither is disorderly conduct. Harassment in the first degree and aggravated harassment are on the list.
Does the prior conviction have to involve the same person?
No. The prior conviction must be for a specified offense against a member of your family or household, but it does not have to involve the same person as the new charge.
How is the five-year period counted?
The prior conviction must be within the five years before the new offense. Time spent in jail or prison is not counted, which extends the five-year period.
How much does a lawyer for this charge cost on Long Island?
We charge a flat fee, quoted after your free consultation.
Talk to a former prosecutor today
Free consultation in person, by video call or by phone call. We answer 24/7. The earlier we start, the better the chance of keeping the case a misdemeanor.
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
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