Bronx Assault Lawyers

It is not incumbent upon you to prove your innocence. It is the state which must prove your guilt. It is easy to lose sight of this fact if you have been arrested and charged with assault. You will be made to feel as though the charges will stick, that you will indeed be convicted of assault and sentenced. But this need not be the case. If you are innocent of the charges against you, then you need spend not a single second behind bars.

Your Right to Fair Treatment

Your right to fair and equitable treatment as you go through the judicial system does not end because police and prosecutors believe they have their guy. The prosecutorial system is designed to convict as many people as possible. Whether someone is truly guilty is not as important as determining whether a successful case can be made against them. Prosecutors tend to turn the governing legal principle of the country on its head. They will think you are guilty unless you are able to prove otherwise.

Understanding the Legal Definition of Assault

Whatever the trouble which landed you in jail and now has you facing criminal charges, it was never your intention to inflict bodily harm on another person. The latter is the legal definition of assault. And you know enough about what happened to know that your actions do not meet that standard.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

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Legal Scenario: What Would You Do?

Scenario

You were at a bar in the Bronx when a fight broke out, and even though you were trying to break it up, the police arrested you along with everyone else involved. Now you're facing assault charges in Bronx Criminal Court despite being the one who tried to de-escalate the situation.

Can I really be charged with assault when I was actually trying to stop the fight?

Attorney's Answer

Under New York Penal Law § 120.00, the prosecution must prove beyond a reasonable doubt that you intentionally caused physical injury to another person — simply being present during an altercation is not enough. Witness testimony and any available surveillance footage from the bar can be critical in establishing that your actions were aimed at separating the parties, not causing harm. We can also raise a justification defense under Penal Law § 35.15 if any physical contact you made was reasonable force used to prevent further injury. An experienced Bronx assault lawyer will work to get these charges reduced or dismissed entirely by presenting the full context of what happened that night.

This is general information only. Contact us for advice specific to your situation.

Challenging the Evidence