i have no priors, nothing on my record, come from a very small town, and know my chief of police very well if that helps me at all
Menacing in the second degree is a class A misdemeanor in New York. That crime is punishable by up to one year in jail and there are fines. If you were convicted a judge would ask for a presentence report and depending on your criminal history could give you jail time. However, if you get an attorney and try to settle the matter for a non criminal outcome you could
get potential settlements for your first arrest as below.
(1) ACD (adjournment in contemplation of dismissal), with community service. .
(2) Plea to Disorderly Conduct (non-criminal offense) with fine and/or community service and/or restitution to complaining witness for any medical bills.
Note that settlements will typically also involve orders of protection in favor of the complaining witness, meaning that the accused will be required to stay completely away from the complaining witness (if the order of protection is "full") or simply avoid doing bad things to the complaining witness (if the order of protection is "limited").
What rights do I have to live in his house and are my rights stronger then hers?
Your rights are superior to hers unless her name was put on the deed as a jointly owned property with rights of survivorship. You need to hire a lawyer or speak to and the write the girlfriend a letter to inform her you want to see the deed to the property to determine your rights to the property.
Gregory T. Ambus, P.C., Gregory T. Ambus, Esq.
380 North Broadway STE 300
Jericho, NY 11753
(516) 681-8200, Fax (516) 932-8353
Divorce and Family Law, Criminal, Estates and Surrogates Court, Civil Litigation and AppealsSee question