NYC Assault with a Deadly Weapon Lawyers

To be charged with assault, the accused must be recklessly or intentionally causing injury to another individual. Assault covers a wide array of physical attacks, including, biting, shooting, punching, stabbing, and even hitting someone with a vehicle. If you are facing charges of assault with a deadly weapon, contact someone from the Spodek Law Group right away.

Assault with a Deadly Weapon in NYC

When considering assault, a deadly weapon encompasses any tool that can cause significant injuries. This results in permanent injury for the victim. Due to the serious nature of this crime, there are serious consequences for assault with a deadly weapon.

If you are convicted of assault with a deadly weapon, you may face a few years in prison, be charged with exorbitant fees, as well as forced to perform restitution. In order to successfully defend yourself against these charges, you’ll need an attorney who is thoroughly experienced with the laws regarding assault. The Spodek Law Group of New York can provide you with the best legal aid to overcome any charges related to assault with a deadly weapon.

The Charges Involved with Assault with a Deadly Weapon

The charges of assault with a deadly weapon vary according to the level of assault. The deadly weapon itself is classified as a weapon capable of causing death or any serious bodily injury.

1. First-degree Assault

You may face a charge of first-degree assault if you already intended to inflict serious injury with a deadly weapon. Similarly, if you act with reckless indifference to human life that results in injuries or death, you may be charged with this degree of assault. This is a class B felony.

2. Second-degree Assault

Similar to first-degree assault, second-degree assault refers to the accused intentionally injuring another individual. While the first-degree assault covers a serious injury or death, the second-degree focuses on intent to injure. This is a class D felony.

3. Third-Degree Assault

Third-degree assault is considered a misdemeanor of the class A variety. You will be charged with this degree of assault if you cause any sort of physical injury to another person with a deadly weapon.

4. First-Degree Reckless Endangerment

In cases of first-degree reckless endangerment, the accused has, with indifference to human life, recklessly endangered the lives of others through their conduct. This is a class D felony.

Defenses for an Assault Charge

An experienced lawyer from the Spodek Law Group will be able to expertly defend your case. The following defenses are commonly used in assault charges:

1. The extent of Injury

The seriousness of the assault charge depends heavily on the extent of any injuries that the victim has suffered. The defense team must work to show that the injuries incurred are minor.

2. Self-Defense

In New York, physical force is legally allowed as a way to protect one’s self against imminent harm. With a lawyer from the Spodek Law Group, you’ll be able to make the case that you acted out of self-defense, rather than a reckless intent to harm.

Being charged with assault of any degree is a serious offense. Don’t hesitate to make an appointment with a lawyer from the Spodek Law Group today.

In New York, assault is one of the most serious crimes. It involves deliberately or recklessly causing an injury to another person. Assault can be committed in a number of ways. For example, a person can punch another individual, strike someone else with an object, hit them with a vehicle or even simply by biting another person. In general, the worst cases of assault involve a deadly weapon being used in the act. Of course, weapons that most readily come to mind are guns and knives. However, “deadly weapon” can mean just about anything that is used to inflict serious physical injuries on another person. Assault with a deadly weapon is frequently referred to as aggravated assault and usually leaves the victim with long-lasting, even permanent injuries. Someone who is convicted of this crime can face many years in prison and receive hefty fines and fees, as well as restitution they are ordered to pay the victim. It’s important for anyone being charged with assault with a deadly weapon to retain an experienced criminal defense attorney who knows the ins and outs of the law and how to best defend them in their trial.

Assault with a Deadly Weapon Charges

The crime of assault with a deadly weapon can be charged with other types of crimes, such as assault in the first degree. For the charge of assault with a deadly weapon to apply, the defendant must have used a deadly weapon to commit the assault. As per New York’s Penal Law 10.00(12), a deadly weapon can include any number of items that can cause serious injuries or death, such as a knife, metal or plastic knuckles, firearms, a dagger, blackjack or billy.

A person who intended to cause serious physical injury to a victim while using a deadly weapon is also charged with first-degree assault. If the act leads to the death of the other person, the defendant can be charged with indifference to human life. This is one of the more serious crimes, and it is charged as a class B felony.

If a person commits a crime with a deadly weapon that results in a serious risk of death to the victim, they can be charged with reckless endangerment in the first degree with depraved indifference to human life.

Possible Defenses

There are certain defenses the defense attorney can use for assault charges. They include the following:

• Extent of injury: The victim must have suffered a physical injury in order for an assault charge to stick. This means the individual must have suffered a physical condition, extensive pain or an impairment. It cannot be something minor like a simple cut that leaves a small scar.
• Self-defense: Another common defense is that the defendant acted in self-defense or in the defense of someone else. However, this means the other person must have been the one to start the violence.

Consequences of a Conviction

Assault with a deadly weapon carries strict consequences if a person is convicted of the crime. However, the specific penalties one receives also depends on the severity of their charges. Of course, a felony conviction is far more serious than a misdemeanor. Prison sentence and criminal history also come into play. The following can occur:

• Class A misdemeanor: The individual is sentenced to up to one year in jail and fined a maximum of $1,000.
• Class D felony: The person may face up to seven years in prison and a maximum fine of $5,000.
• Class B felony: The individual can spend up to 25 years in prison and be responsible for a maximum fine of $5,000.

Consequences of Conviction

A person who is convicted of assault with a deadly weapon, even if their conviction is a misdemeanor, can expect certain consequences to occur in their lives. They will have a criminal record that will make it difficult to get certain types of jobs, join the military, own a firearm and even serve on a jury. They will even be banned from federal housing and government benefits.