New York Criminal Attorney Blog
If you’re a survivor of domestic violence and serving time for a crime you committed while in an abusive relationship, you may be wondering whether New York law allows you to be resentenced based on your trauma. Under Criminal Procedure Law § 440.47, the Domestic Violence Survivors Justice Act (DVSJA) offers exactly that opportunity. But to qualify, you must meet specific criteria—and proving your case takes more than simply showing you were abused. A recent appellate decision out of Nassau County shows exactly where these motions can succeed or fall short.
The Facts Behind the Motion
In 2014, the defendant in this case was involved in a serious car crash that left another driver with life-altering injuries. At the time, she was operating her vehicle while under the influence of drugs. She later pleaded guilty to multiple felony and misdemeanor offenses, including first-degree assault and vehicular assault, and received a ten-year prison sentence as a second felony offender.
Years later, after serving part of her sentence, she sought relief under CPL 440.47. Her argument was grounded in the DVSJA, a law enacted in 2019 to give judges discretion to issue more lenient sentences for domestic violence survivors whose criminal conduct was closely tied to their abuse. She claimed her actions were directly connected to the long-term domestic abuse she had experienced.
The court, after conducting a hearing, denied the motion. She appealed. The appellate court affirmed the denial, explaining that the defendant had failed to meet one of the law’s core requirements.
What the DVSJA Requires
The DVSJA doesn’t apply to all survivors of domestic violence. To qualify for resentencing under CPL 440.47, a person must establish three essential points:
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They were a victim of domestic violence at the time of the offense, and that violence included substantial physical, sexual, or psychological abuse by a member of the same family or household.
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That abuse was a significant contributing factor to the conduct that led to their conviction.
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A standard sentence would be unduly harsh, when viewed in light of the nature of the offense, the survivor’s history, and overall character and condition.
Each of these elements must be established by a preponderance of the evidence—meaning the facts must show it was more likely than not that each is true.
Why the Defendant’s Motion Was Denied
In this case, the court acknowledged the defendant’s claim of domestic violence but found that the connection between the abuse and her criminal behavior was not strong enough. Specifically, the court concluded that the evidence did not show that the abuse was a significant contributing factor to her decision to drive while impaired. Without that causal link, the DVSJA could not apply.
This decision reflects the law’s intent to provide relief in cases where abuse and criminal conduct are clearly connected—not where they exist in separate silos. Simply being a victim of domestic violence is not enough. The abuse must be shown to have meaningfully influenced the conduct that led to the conviction.
What This Means for You
If you’re currently incarcerated for a crime that occurred during or as a result of an abusive relationship, you may still have a legal path forward. However, your motion under CPL 440.47 must be carefully built with compelling, well-supported evidence. That may include mental health evaluations, expert testimony, affidavits from witnesses, or detailed timelines showing how the abuse shaped your decisions and state of mind.
Judges are required to weigh not only the reality of the abuse but also how directly it impacted the offense. That’s where experienced legal representation becomes essential.
We’re Here to Help You Make Your Case
At Tilem & Associates, we know how difficult it can be to talk about what happened to you. But we also know how to make the courts listen. Our attorneys can review your conviction, assess your eligibility under the DVSJA, and work with medical, psychological, and investigative professionals to present your case persuasively.
If you or a loved one believe your sentence should be reconsidered under the Domestic Violence Survivors Justice Act, don’t wait. Contact Tilem & Associates today at 877-377-8666 or reach out through our secure online form. We are committed to ensuring that your trauma is not overlooked—and that your voice is finally heard.