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NYC Assault On A Social Worker Lawyers
Violence against social workers is a problem in New York City. Some social workers have experienced serious injuries or worse from attacks. Given the severity of these offenses, New York has instituted special protections for this class of workers. The legislation requires that social workers be classified under a group of professionals that requires increased protection under the assault statute.
Assaulting a social worker while the individual is actively working in his or her role is considered a serious offense. In fact, so serious that if you engage in this behavior then you’ll be charged with a felony, resulting in a prison sentence. Felony charges can be life-damaging, preventing you from securing housing, employment, educational grants, and other opportunities.
If you’ve assaulted a social worker then it is vital to your case that you receive counseling and assistance from a qualified professional. Beginning with your arrest through the end of your case, you need to be represented by a New York Assault on a Social Worker Lawyer.
The Spodek Law Group has been serving the public since 1976 and has highly qualified professionals on staff to handle the specifics of an assault on a social worker in NYC. As one of New York’s oldest firms, the Spodek Law Group has the experience to represent its clients with the utmost care and perseverance.
Definition Of Assault On A Social Worker
New York State law considers an assault on a social worker a second-degree assault and class D felony. In order for this classification to take place, the following circumstances must be met.
- Victim is an employee of a public social services organization
- Victim is engaged in the immediate participation of an investigation of supposed abuse or neglect of a child, vulnerable elderly person, inept person, or disabled person, or in providing public assistance and care for any of the previously listed parties
- You possess the intent to prevent the victim from investigating the alleged abuse or providing assistance or care
- You caused physical harm, resulting in injury, to the victim
The Defense
Evidence must be presented in court that the victim suffered impairment or substantial pain in order for the assault to be classified as second-degree assault. If neither requirement is met then this can be argued as a defense against the charge.
Sentencing For A Conviction Of Second Degree Assault
If you’re convicted of second-degree assault, then you’ll be sentenced to prison. If you have no prior offenses then your minimum sentence will be 2 years. If you have a non-violent predicate (non-violent felony conviction within last ten years) then your minimum sentence will be 3 years. Violent predicate offenders (have a violent felony within the past 10 years) receive a minimum sentence of 5 years. Persistent offenders with more than 2 prior felonies will receive 12-25 years in prison.
After Your Release From Prison
After your release, you’ll be required to refrain from committing crimes, associating with individuals that have criminal records, possessing controlled substances or drug paraphernalia, drinking alcohol, and leaving the state of New York without permission. You’ll also be required to consent to warrantless searches, submit to drug testing, maintain employment, follow a curfew, and check in with a parole officer.
Fines And Restitution
You may be charged up to $5,000 dollars in fees in addition to up to $15,000 in resitution to the victim. Not paying may result in a misdemeanor charge.
Being charged with assaulting a social worker is a serious offense with serious charges that can disrupt your life long term. If you’re being accused of assault against a social worker, consult a professional at the Spodek Law Group immediately.