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Assault Lawyer

March 21, 2024 Uncategorized

New York criminal statutes prohibits a person from being assaulted. Assault is described by state law is the intent to cause a person physical injury. Physical injury is defined by causing substantial pain or physical impairment. The state categorizes assault by the type of physical injury caused along with other serious factors such as the use of a deadly weapon, intent to cause harm and the seriousness of the injury.

If you or a loved one is charged with assault in New York, you need to know more about the crime and defenses available. You also need to contact a New York assault lawyer immediately for assistance. This criminal charge is just an accusation, not a conviction.

Assault in the Third Degree in New York

Third degree assault is the simplest assault cause. It occurs when a person intentionally causes injury to a victim. Prosecutors must show two elements to convict you of this crime. They must show that intent to cause injury and the victim sustained a physical injury.

New York Second Degree Assault

Assault in the second degree is a Class D felony. It occurs in one of two ways. A person intentionally injures a victim using a deadly weapon or dangerous instrument. A dangerous instrument is any object that can cause a physical injury or death. The second way a person can be accused of this crime is if they intentionally cause a victim serious physical injury.

To be convicted of second degree assault, prosecutors must prove a series of elements. You used a dangerous instrument or weapon to cause physical injury to a victim. If you didn’t use a weapon, prosecutors must show you had the intent to cause serious physical injury to the victim.

Assault in the First Degree in New York

First degree assault is the most serious crime because it is a Class B felony. It occurs when a person intentionally causes a victim serious physical injury because they used a dangerous instrument or deadly weapon. The seriousness of the physical injury will determine whether you are charged with assault in the first or second degree. Also, aggravating factors may apply such as the victim being a police officer or a minor.

To prove you committed first degree assault, prosecutors must show you had the intention to cause serious physical injury to a victim. You cause that physical injury using a weapon. Also, the victim was a minor or police officer.

New York Assault Penalties

The punishment for an assault conviction is tough. For example, aggravated assault on a minor who is younger than 11 years old is one to four years in prison. It’s a Class E felony. The other penalties for assault are:

• Third degree assault is one year in county jail and/or a $1,000 fine.
• Second degree assault is three to seven years in state prison and $5,000 fine.
• First degree assault is three to 25 years in state prison and $5,000. If the victim was a peace officer or it was aggravated assault, the penalty increases. It is 10 to 30 years in state prison.

Defenses to a New York Assault Charge

A defense is a way to attack the prosecutor’s case against you. The common assault defenses available to you include, but are not limited to:

• No injury to the victim
• Lack of intent to cause physical harm
• Justification. A justification defense is agreeing that you committed the crime, but you did it for a good reason such as self-defense.
• Consent. Consent is a defense strategy to show that the alleged victim gave you permission to assault them. This often happens when two people are pretending to fight and things escalate to a physical injury.

Are You or Your Loved One Charged with Assault in New York? Contact Us.

An assault charge is complicated because there are numerous defenses you can use. If you or your loved one has been charged with assault in any of the New York boroughs, contact us. We are experienced in representing clients accused of assault. At our law office, we have local, tough criminal lawyers who will see all angles of your assault case to build a solid defense. We will also negotiate with prosecutors to get you assault charge reduced or dismissed. Contact us.

Don’t deal with Assault Lawyer alone. Speak to the Spodek Law Group today.

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