Criminal Defense Lawyers

Fighting Federal Assault with a Deadly Weapon Charges in New York

Fighting Federal Assault with a Deadly Weapon Charges in New York

Being charged with assault with a deadly weapon under federal law is extremely serious, and can lead to substantial prison time if convicted. However, these charges can be fought with the help of an experienced federal criminal defense attorney. Here’s an overview of federal assault with a deadly weapon laws in New York, potential defenses, and how a knowledgeable lawyer can help build the strongest case possible.

Overview of Federal Assault Charges

Under federal law, assault with a deadly weapon is prosecuted under Title 18 Section 113 of the United States Code. This covers what’s known as “assault with intent to commit murder or a felony” – essentially using a deadly weapon to try to intentionally kill or seriously injure someone.The specific federal charges that could apply include:

• Assault with intent to commit murder – Up to 20 years in prison
• Assault with intent to commit any felony except murder or sexual abuse – Up to 10 years in prison
• Assault resulting in serious bodily injury – Up to 10 years in prison

Prosecutors may also tack on sentencing enhancements for things like:

• Use of a dangerous weapon
• Causing permanent or life threatening bodily injury
• Attacking a federal officer

So in total, defendants can end up facing decades behind bars if convicted on federal assault charges.

How Federal Prosecutors Prove Assault Charges

For any federal assault with a deadly weapon charge, prosecutors have to prove these basic elements beyond a reasonable doubt:

• The defendant assaulted the victim
• The defendant acted with specific intent to murder or commit another felony
• The assault involved use of a deadly or dangerous weapon
• The victim suffered bodily injury

The specific intent element is key – prosecutors must show that the defendant deliberately intended to kill or seriously harm the victim. Self-defense, provocation, or other mitigating circumstances can cast doubt on this intent requirement.Prosecutors will use all available evidence to build their case, including:

• Victim and witness testimony
• Police reports
• Medical records showing injury
• Photographs of injuries
• The alleged weapon itself
• Security camera footage
• Cell phone location data
• DNA or fingerprint evidence
• Social media posts and communications

Fighting Federal Charges with an Experienced Attorney

Given the severe penalties these charges carry, having an aggressive federal criminal defense lawyer is critical. An attorney can thoroughly analyze the prosecution’s case, pinpoint any weaknesses, and build the strongest defense possible.Here are some of the most effective strategies skilled lawyers use:Challenging the government’s evidence – Experienced attorneys know how to scrutinize all the prosecution’s evidence, spot inconsistencies or procedural mistakes, and seek to have evidence thrown out if it was obtained illegally. For example, showing police violated the defendant’s rights could lead to suppression of a confession or other key evidence.Contesting intent – Lawyers will work to show the defendant acted in self-defense, or did not deliberately intend to kill or seriously injure the victim. This can be used to defeat the specific intent requirement.Disputing deadly weapon allegations – Not every “dangerous weapon” meets the legal definition under federal law. Defense attorneys can argue the weapon in question does not qualify.Seeking dismissal of sentencing enhancements – Enhancements that increase the potential penalty rely on prosecutors proving certain aggravating factors. Skilled lawyers can often get enhancements dismissed by contesting the supporting evidence.Negotiating plea bargains – Well-versed federal defense attorneys have experience negotiating with prosecutors to get charges reduced or penalties decreased through plea agreements.Taking cases to trial – When pleas aren’t possible, seasoned lawyers aren’t afraid to take federal cases to trial and put the government’s evidence to the test before a jury. Rigorous cross-examination of witnesses and presenting evidence/testimony for the defense can create reasonable doubt about guilt.

Finding the Right Federal Criminal Defense Lawyer

Facing federal criminal allegations can be an extremely stressful and confusing time. The help of an attorney who focuses specifically on federal cases is invaluable. When researching lawyers, look for these important qualifications:

• Extensive federal criminal trial experience – Not all defense attorneys regularly handle federal cases. Look for lawyers with a proven track record in federal courts.
• Knowledge of federal sentencing guidelines – Federal sentences tend to be harsh, but the guidelines are complex. The right lawyer can help minimize any potential prison time.
• Resources to conduct in-depth investigations – Building a strong defense requires thoroughly examining all facts/evidence. Make sure the lawyer has ample resources for private investigators, forensic analysts, etc.
• Negotiation skills for plea bargains – Over 90% of federal cases end in plea deals. Find an attorney with the skills to negotiate firmly with prosecutors and secure the best outcome.
• Reputation for aggressive defense – Opt for a lawyer who is not afraid to fight when necessary – whether at suppression hearings, trial, sentencing, or appeal.
• Focus on client relationships – The right attorney will treat clients with respect, keep them informed, and be responsive to any concerns. Check reviews and talk to the lawyer before retaining.

Facing federal criminal charges is daunting no matter the specific allegations. But having an experienced lawyer in your corner can help ensure the strongest possible defense against federal assault with a deadly weapon accusations. Don’t leave the outcome to chance – consult with a knowledgeable federal defense attorney as early in the process as possible.

The Bottom Line

Being convicted of a federal assault with a deadly weapon charge can derail lives and lead to a lengthy, mandatory minimum prison sentence. However, by fully understanding the government’s burden of proof, examining the evidence for weaknesses, and proactively building a comprehensive legal defense, skilled federal criminal defense lawyers can successfully fight these allegations.With so much on the line, it’s critical to have legal counsel who knows how to effectively challenge federal prosecutors at every stage. No one wants to serve years behind bars for a crime they did not intentionally commit. An attorney experienced in defending federal assault cases can make all the difference in securing the best possible result, whether through dismissal, acquittal, or minimized charges/sentences. Don’t wait to get experienced legal help on your side.

Frequently Asked Questions

What are some common deadly weapons used in federal assault cases?

Some of the weapons most commonly used in federal assault cases include firearms, knives, brass knuckles, baseball bats, broken bottles, and any other object capable of causing serious bodily injury. Dangerous chemicals have also been used in assault cases prosecuted federally.

What are the main differences between state and federal assault charges?

While specific assault laws vary by state, federal assault charges generally involve very serious injuries, death threats, or attacks using deadly weapons. Federal charges also typically come with much longer sentences than state charges. The alleged assault usually must have occurred on federal property or involved a federal officer to be charged federally.

What sentence can I expect if convicted of federal assault with a deadly weapon?

Sentences vary widely based on specific charges and prior criminal history. But possible prison time can range from 18 months to 20+ years in most assault cases. Sentencing enhancements for things like permanent injury or federal officer victim can add additional mandatory minimums.

What’s the first step in fighting federal assault charges?

The very first step is consulting with an experienced federal criminal defense attorney as soon as possible after charges are filed. Quick action is key, since early investigation and building a defense strategy greatly impacts the outcome. Don’t wait to get legal help on your side.

What are my chances of avoiding prison if convicted?

Again this depends on the specifics of each case, but generally avoiding prison after a federal conviction is difficult. Typical sentences involve at least some prison time, though probation may also be given. A knowledgeable attorney can maximize your chances of minimizing incarceration through negotiation and mitigation.

Resources

• An overview of federal assault charges and penalties
• What prosecutors must prove for a federal assault conviction
• Sentencing guidelines for federal assault cases
• How federal sentencing enhancements work
• Overview of federal plea bargaining and negotiations
• Appealing federal convictions and sentences