New York City Domestic Violence Survivors Justice Act Resentencing Lawyer

For decades, New York’s sentencing laws failed to account for something that judges and juries now better understand: that people who commit crimes while trapped in abusive relationships occupy a fundamentally different legal and moral position than other defendants. The New York City Domestic Violence Survivors Justice Act resentencing process exists to correct that failure, offering people who were sentenced under the old framework an opportunity to return to court and receive a sentence that reflects the abuse they endured. This is not a simple petition or a formality. It is a second legal proceeding, and the outcome depends almost entirely on how well it is prepared and argued.

The Domestic Violence Survivors Justice Act, codified in New York law, authorizes courts to impose a reduced sentence, or an alternative to incarceration entirely, when a person can demonstrate that they suffered abuse at the hands of an intimate partner, that the abuse was connected to the offense of conviction, and that a reduced sentence would serve the interests of justice. The resentencing track applies to people already serving time on qualifying convictions. The original sentencing track applies to those being sentenced for the first time. Each requires a different approach, different documentation, and a different courtroom strategy.

People who come to this process often carry years of documentation, trauma, and complicated legal history. Getting the law to work for them requires an attorney who understands both the technical legal requirements and the human architecture of each case. At The Law Offices of Jason Goldman, this work sits at the intersection of criminal defense and appellate advocacy, two disciplines Jason Goldman has built his career around.

What the DVSJA Actually Requires, and Where Cases Are Won or Lost

The statute has specific eligibility requirements, and meeting them on paper is only the beginning. To qualify for resentencing under the Domestic Violence Survivors Justice Act, a petitioner must show that they were a victim of domestic violence or sex trafficking at the hands of a member of the same household or an intimate partner; that the abuse was a significant contributing factor to the conduct for which they were convicted; and that the interests of justice would be served by a reduced sentence. Courts are directed to consider the totality of the circumstances, and that phrase gives attorneys both room to work and a burden to fill.

The critical word in the statute is “significant.” The prosecution will argue that whatever abuse occurred was not meaningfully connected to the offense. Defense counsel must build a counter-narrative, one supported by records, expert testimony, and an honest account of the dynamics at play. Trauma experts, forensic psychologists, and domestic violence advocates are often central to this process. So is documentation that may have never been assembled before: medical records, police reports, protective orders, records from shelters, communications between the petitioner and the abuser, and testimony from witnesses who observed the relationship.

Where many petitions fall short is in the nexus between the abuse and the crime. A history of abuse, standing alone, is not enough. The court must be able to draw a direct line between what was done to the petitioner and why the petitioner did what they did. Building that line is where legal strategy matters most, and it requires a lawyer who has tried cases to verdict, argued in front of appellate panels, and understands how judges think about both law and people.

Cases This Law Is Designed to Reach

• Homicide and assault convictions: Many DVSJA petitions involve individuals convicted of killing or harming an abusive partner, often after years of escalating violence that was never adequately recognized at trial or sentencing.
• Drug trafficking offenses: Survivors who were coerced into transporting, selling, or holding controlled substances by abusive partners often received sentences with no acknowledgment of that coercion under prior law.
• Robbery and larceny charges: Financial abuse and coercive control frequently underlie property crimes committed by survivors who had no meaningful economic independence or freedom of choice.
• Weapons possession: Some convictions stem from a survivor possessing a firearm or other weapon that belonged to an abusive partner, or as a direct result of threats made against them.
• Financial crimes and fraud: Survivors who were forced to participate in fraud, forgery, or financial schemes at the direction of an abusive partner may be eligible if the abuse was a significant contributing factor.
• Sex work-related offenses: The statute explicitly extends protections to survivors of sex trafficking, covering convictions tied to commercial sex work conducted under compulsion or control.
• Cases where abuse was raised at trial but not at sentencing: Sometimes a jury heard about the abuse but still convicted. The DVSJA gives the court a separate opportunity to give that history the weight it deserves at the sentencing phase.

What the Resentencing Process Looks Like in New York Courts

A petition for resentencing under the DVSJA is filed in the court of original jurisdiction. For most petitioners in New York City, that means returning to the Supreme Court of the county where they were convicted: Manhattan, Brooklyn, the Bronx, Queens, or Staten Island. Each borough has its own court culture, its own roster of judges handling these petitions, and its own pace. An attorney with real courtroom experience in New York’s trial courts understands those differences and can calibrate the approach accordingly.

Once a petition is filed, the prosecution has an opportunity to respond. District Attorneys in the five boroughs have taken varying approaches to DVSJA petitions, and knowing the posture of the particular office matters. Some offices consent to resentencing when the abuse history is well-documented and the petitioner’s institutional record is strong. Others litigate vigorously. Either way, preparation is essential before the petition is filed, not after.

Petitioners should begin gathering every piece of documentation they can access as early as possible. That includes prison programming records and any indication of rehabilitation while incarcerated, because courts are permitted and expected to consider post-conviction conduct. Letters of support from family members, advocates, clergy, or counselors can carry real weight. Expert reports from forensic psychologists who can speak to the dynamics of coercive control and its relationship to criminal behavior have become increasingly important as courts develop more sophistication in this area.

A common mistake is underestimating the opposition. Even when a petitioner’s story is compelling, the prosecution may challenge the credibility of the abuse history, argue that the nexus to the crime is insufficient, or contend that the sentence was already appropriate. Having an attorney who has litigated in New York courts and who understands how to anticipate and dismantle those arguments is not a luxury in this process. It is what separates petitions that succeed from those that do not.

Why Jason Goldman’s Representation Is Different for DVSJA Resentencing

Jason Goldman began his legal career as a Brooklyn prosecutor, handling serious felony cases from initial investigation through trial verdict. That experience taught him how the government builds its cases, how it evaluates petitions for leniency, and where its arguments are strongest and weakest. When he moved into private practice, he carried that prosecutorial instinct into criminal defense, and his track record reflects it: more than 25 cases tried to verdict, a range of serious matters handled at the state and federal level, and a firm reputation for preparation and courtroom performance.

The New York Post has called him “high-powered.” WABC’s Sid Rosenberg called him “brilliant.” Chelsea News observed a “history of getting high-profile defendants off.” These are not credentials that come from routine work. They reflect a lawyer who has handled cases with real consequences and performed under pressure. For someone whose freedom depends on a DVSJA petition succeeding, that track record is directly relevant.

DVSJA resentencing requires the same skills that make a strong criminal defense lawyer: the ability to tell a coherent, credible story, to handle cross-examination of expert witnesses, to anticipate the prosecution’s strategy, and to argue persuasively in front of a judge. Goldman’s appellate and sentencing practice means he understands how to frame a legal argument for a court that is reconsidering a prior outcome, which is exactly what the resentencing proceeding demands. His membership in the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the New York City Bar Association, where he serves on the Criminal Courts Committee, reflects ongoing engagement with exactly these developments in New York criminal law.

As a domestic violence survivors justice act attorney in New York, Goldman also understands that cases like these carry weight beyond the legal argument. He has built a network of forensic experts, investigators, and crisis communications professionals who can support the legal strategy where appropriate. For petitioners whose stories involve sensitive and private details, that network also means discretion, something his clients have consistently relied on.

Common Questions About DVSJA Resentencing in New York

Who is eligible to file a petition for resentencing under the Domestic Violence Survivors Justice Act?

Eligibility generally requires that the petitioner was a victim of domestic violence or sex trafficking by an intimate partner or household member, that the abuse was a significant contributing factor to the conduct underlying the conviction, and that resentencing would be in the interests of justice. Certain severe offense categories have additional restrictions or may be excluded. An attorney familiar with the statute can assess eligibility based on the specific conviction, the nature of the abuse, and the available documentation.

Can someone convicted of homicide file a DVSJA resentencing petition?

Yes, in many cases. The statute was specifically designed with survivors in mind who were convicted of serious violent offenses, including murder and manslaughter, after killing an abusive partner or acting in circumstances directly connected to the abuse they suffered. Each case depends on the facts, the conviction class, and the connection between the abuse and the offense, but homicide convictions are among the most common categories addressed by DVSJA petitions.

Does the abuse need to have been documented or reported at the time it occurred?

No. Courts recognize that many survivors never called the police, never sought medical treatment, and left no paper trail precisely because of the dynamics of abuse and coercive control. Undocumented abuse can be established through testimony, expert opinion, and circumstantial evidence. However, the absence of contemporaneous documentation does make the petition harder to prove, which makes thorough preparation even more important.

What happens at the actual resentencing hearing?

The resentencing hearing is a court proceeding in front of a judge, not a jury. The petitioner’s attorney presents the abuse history, the connection to the offense, and arguments for a reduced sentence. The prosecution responds. The judge may hear from witnesses, consider expert reports, and review documentary submissions. At the conclusion, the judge can impose a reduced sentence, an alternative to incarceration, or deny the petition. The quality of the presentation at that hearing directly affects the outcome.

How long does a DVSJA resentencing petition take from filing to decision?

Timelines vary significantly depending on the county, the complexity of the case, and whether the prosecution contests the petition. In New York City courts, petitions in contested cases can take many months from filing through hearing. Gathering expert reports, obtaining records, and coordinating with the Department of Corrections can extend preparation time before a petition is even filed. Starting the process with an experienced attorney early gives the petition the best foundation.

Can a petition be denied and then refiled or appealed?

A denial can be appealed through New York’s appellate court system. The grounds for appeal depend on how the petition was denied, whether the court made an error of law, or whether the discretionary ruling was an abuse of discretion. Whether refiling is an option depends on the specific procedural history. An attorney handling the original petition should have a strategy for the appeal built into the overall representation from the start, because how the record is developed at the hearing level determines what can be raised on appeal.

What role do expert witnesses play in DVSJA petitions?

Forensic psychologists and domestic violence experts have become essential in well-prepared petitions. They can explain the dynamics of coercive control to judges who may not have seen extensive litigation in this area, connect those dynamics to the specific facts of the petitioner’s case, and provide a framework for understanding why the petitioner acted as they did. The prosecution may retain their own expert to challenge these conclusions, which is another reason why having an attorney who knows how to examine and cross-examine experts matters considerably.

Does conduct while incarcerated affect a DVSJA resentencing petition?

Yes, meaningfully. Courts reviewing DVSJA petitions are directed to consider post-conviction conduct, including programming completed, disciplinary record, work history within the facility, educational achievements, and evidence of rehabilitation. A strong institutional record does not guarantee a successful petition, but a troubled one can significantly undermine an otherwise compelling case. Documentation of positive post-conviction conduct should be gathered and presented as part of every serious petition.

What if the original attorney never raised the abuse history during trial or sentencing?

This is unfortunately common. The DVSJA is designed in part to address exactly this situation. The prior attorney’s failure to raise the abuse history does not preclude a petition, and in some cases it may support arguments about what was missed and why. The resentencing proceeding is an independent proceeding, and the court considers the abuse history afresh. Prior failures at the defense level may also raise separate questions about the adequacy of prior representation, which an attorney can evaluate as part of the overall strategy.

Is the DVSJA only available to people currently incarcerated, or can it also apply at the original sentencing stage?

The statute operates on two tracks. The resentencing track is for people already serving a sentence who want to return to court for a reduced term. The original sentencing track allows a judge to impose a sentence below the mandatory minimum, or an alternative to incarceration, when a person is being sentenced for the first time and meets the statutory criteria. Both tracks require the same evidentiary foundation: documented abuse, a demonstrated connection to the offense, and a showing that the interests of justice support a different outcome.

Representing Survivors Across New York City and Beyond

The Law Offices of Jason Goldman represents clients throughout New York City and across the surrounding region. In Manhattan, the firm handles DVSJA matters arising from convictions in New York County Supreme Court, working with clients whose cases originated in courtrooms from lower Manhattan through Harlem and Washington Heights. In Brooklyn, the firm appears before Kings County Supreme Court on petitions involving clients from neighborhoods across the borough, from Flatbush and Crown Heights to Bay Ridge and Bushwick. In the Bronx, Queens, and Staten Island, Goldman handles petitions in the respective county Supreme Courts, understanding the particular dynamics of each courthouse and the communities they serve.

Beyond the five boroughs, the firm extends its representation to clients in Westchester County, Nassau County, and Suffolk County, where state Supreme Courts also handle DVSJA matters arising from convictions in those jurisdictions. Clients whose convictions arose in federal court in the Southern District of New York or the Eastern District of New York benefit from Goldman’s admission and experience in both federal districts. For extraordinary matters, the firm accepts pro hac vice admission throughout the country, bringing the same level of preparation and advocacy to clients in other states where similar survivor-focused resentencing frameworks are developing.

Speak with a New York City Domestic Violence Survivors Justice Act Attorney

This process is too important to leave to chance or to an attorney who has never navigated it before. Whether you are currently incarcerated and exploring resentencing options, or you are facing an original sentencing proceeding and believe your history of abuse should be part of the record, the time to get counsel involved is before the petition is finalized, not after. A New York City domestic violence survivors justice act attorney at The Law Offices of Jason Goldman can review the facts of your case, assess eligibility under the statute, and give you an honest assessment of what a petition requires and what it can realistically achieve.

Contact The Law Offices of Jason Goldman directly by phone or email to schedule a consultation. The firm’s address is 275 Madison Avenue, 35th Floor, New York, NY 10016. Every consultation is confidential, and every assessment begins with the specific facts of the case in front of us.