Q: Can someone on parole go to jail if someone files a domestic violence case on them
A:
Yes. Anyone can go to jail if they commit domestic violence (although DV is not in and of itself a crime in NYS), but someone on parole, especially if the underlying offense was a violent one, is much more likely to go to jail/prison.
As an aside, the terms "jail" and "prison" are NOT the same; essentially "jail" is more short-term and "prison" long-term.
"Jail" refers to a facility where individuals are held either for a short period of time pending arraignment or if they cannot make and/or denied bail, held until the time of trial. Also, individuals convicted of violations and misdemeanors are often sentenced to "jail" not "prison".
The reason is as follows: There are 3 GENERAL levels of offense in NYS and each carries it's own maximum sentence of confinement. Violations are punishable by "up to fifteen (15) days in jail; misdemeanors are punishable by "up to a year in jail (or sometimes prison)" and for FELONIES, one can be sentenced to "prison" for any term between "one (1) year and one (1) day to LIFE in "prison".
THUS, regardless of what the underlying charge related to domestic violence is (either relatively low-level like harassment, criminal mischief or cyber bullying OR high-level felonies such as assault with a deadly weapon or attempted murder) THE PERSON WILL ALMOST CERTAINLY GO TO "JAIL" FOR AT LEAST 24 HOURS PENDING ARRAIGNMENT...whether they are sentenced at all, or to a longer period of confinement in "jail or "prison" depends on the charge and the outcome (either dismissal, a plea or a conviction or defense verdict at trial).
So, concisely, the answer is YES, however, the length of time therein and whether the person goes to "jail" or "prison" depends on the underlying charge and the outcome thereof.
Hope that helps,
Aubrey C. Galloway III, Esq.
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