Can You Be Arrested for Assault in New York?
YES, you absolutely CAN be arrested for assault in New York. Assault is a serious criminal offense that law enforcement takes very seriously. At Spodek Law Group, we've helped countless clients navigate assault charges and understand the potential consequences. If you're facing an assault charge, don't panic - we're here to help protect your rights and fight for the best possible outcome.
What Constitutes Assault in New York?
In New York, assault is defined as intentionally causing physical injury to another person. This can include:
- Punching, kicking, or striking someone
- Pushing or shoving someone, causing them to fall and get hurt
- Using a weapon to injure someone
- Recklessly causing injury to another person
It's important to note that
you don't need to cause severe injuries for it to be considered assault. Even minor injuries like bruising or cuts can lead to assault charges.
Degrees of Assault Charges in New York
New York law recognizes different degrees of assault, with varying levels of severity:
Degree |
Classification |
Maximum Sentence |
3rd Degree |
Class A Misdemeanor |
Up to 1 year in jail |
2nd Degree |
Class D Felony |
Up to 7 years in prison |
1st Degree |
Class B Felony |
Up to 25 years in prison |
The specific charge depends on factors like:
- Severity of injuries
- Use of a weapon
- Identity of the victim (e.g. police officer, child)
- Intent of the attacker
Our experienced attorneys can help you understand which charges you're facing and develop a strong defense strategy.
What Happens When You're Arrested for Assault?
If you're arrested for assault in New York, here's what you can expect:
- Booking process: You'll be taken to the police station, fingerprinted, and photographed.
- Holding cell: You may be held in a cell until arraignment (your first court appearance).
- Arraignment: You'll appear before a judge who will inform you of the charges and set bail if applicable.
- Plea entry: You'll have the opportunity to enter a plea of guilty or not guilty.
- Further proceedings: Depending on your plea and the circumstances, your case may proceed to trial or plea negotiations.
REMEMBER: You have the right to remain silent and the right to an attorney. We strongly advise exercising both of these rights if you're arrested for assault. Don't say ANYTHING to the police without your lawyer present.
Potential Consequences of an Assault Conviction
The consequences of an assault conviction in New York can be severe and long-lasting:
- Jail or prison time: Depending on the degree of assault, you could face anywhere from a few months in jail to decades in prison.
- Fines: Substantial fines may be imposed, often thousands of dollars.
- Criminal record: A conviction will result in a permanent criminal record, which can impact future employment, housing, and more.
- Probation: You may be placed on probation, requiring regular check-ins and restrictions on your activities.
- Orders of protection: The court may issue an order of protection, prohibiting you from contacting the alleged victim.
- Immigration consequences: For non-citizens, an assault conviction could lead to deportation or other immigration issues.
Don't underestimate the seriousness of an assault charge. The impact on your life can be devastating. That's why it's crucial to have experienced legal representation on your side.
How Spodek Law Group Can Help
At Spodek Law Group, we have a proven track record of successfully defending clients against assault charges in New York. Here's how we can help:
- Thorough case evaluation: We'll carefully review all evidence and circumstances surrounding your case.
- Strong defense strategies: We'll develop tailored defense strategies based on the specifics of your situation.
- Negotiation with prosecutors: In many cases, we can negotiate for reduced charges or alternative sentencing options.
- Trial representation: If your case goes to trial, we'll provide aggressive and skilled courtroom advocacy.
- Protection of your rights: We'll ensure your constitutional rights are protected throughout the legal process.
- Minimizing consequences: Our goal is always to minimize the impact of charges on your life and future.
Remember, an arrest is NOT the same as a conviction. With the right legal team on your side, you have a fighting chance to beat the charges or minimize their impact.
Don't Wait - Contact Us Today!
If you've been arrested for assault in New York, time is of the essence. The sooner you have legal representation, the better your chances of a favorable outcome.
Call Spodek Law Group at 212-300-5196 for a free consultation. We're available 24/7 to discuss your case and start building your defense.
Don't let an assault charge ruin your life. Let us fight for your rights and your future.