What are common legal defenses for assault charges in New York?

Defending Against Assault Charges in New York

Being charged with assault in New York can be scary. But there are defenses available that a good lawyer can use to help you. This article talks about some of the most common defenses used for assault charges in New York.

Claiming Self-Defense

One of the most common defenses for assault is claiming you acted in self-defense. New York law says you can use physical force against someone else if you reasonably believe it’s necessary to defend yourself from what would be an unlawful physical attack [1]. So if someone punches you first and you punch them back to protect yourself, your lawyer could argue you acted in self-defense.

There are some limits though. You can only use the amount of force reasonably necessary to defend yourself. Punching someone back who punched you first is probably OK. But beating them up badly in response is not likely to be seen as reasonable self-defense [2].

You Didn’t Actually Cause Injury

For assault charges in New York, the prosecution has to prove you caused physical injury to the other person [3]. Physical injury means things like pain, cuts, bruises. If the other person doesn’t have any actual injury, it’s a lot harder for the prosecution to prove assault.

Your lawyer may argue the other person is exaggerating or lying about being injured. Or they may say any injuries were accidental and you didn’t intend to hurt the person.

Mistaken Identity

Sometimes the victim identifies the wrong person as their attacker. This “mistaken identity” defense argues you couldn’t have assaulted the victim because you weren’t even there. Your lawyer may point to alibis like cell phone records proving you were somewhere else at the time [2].

Mental Illness or Insanity

New York law says you aren’t responsible for criminal conduct if, because of mental disease or defect, you lacked substantial capacity to know or appreciate that your conduct was wrong [4]. So if you have a mental illness, your lawyer may argue you were unable to control your actions or didn’t understand they were wrong.

To use this defense, your lawyer will need medical records and expert testimony proving your mental state made you unable to understand or control your conduct. It’s a hard defense to prove.

Intoxication

Being extremely drunk or high on drugs can be a defense to assault if it prevented you from forming the intent required [2]. Assault requires intentionally or recklessly causing injury. If you were so wasted you had no idea what you were doing, it could negate the intent required.

There are limits though. Self-induced intoxication is not a defense to any crime. So this defense only works if something other than your own voluntary drinking or drug use caused the intoxication.

Provocation

Another possible defense is that the victim provoked you. New York law allows for a mitigated charge of attempted assault if the victim provoked you to use physical force through threats, menacing behavior or harassment [5]. So your lawyer could argue the victim provoked you first, causing you to react.

The victim’s provocation has to be reasonably likely to lead to immediate use of physical force. Someone yelling at you or bumping into you accidentally probably wouldn’t be enough provocation for this defense.

Self-Defense With a Weapon

Using a weapon in self-defense leads to more serious assault charges. But New York law allows you to use a weapon if you reasonably believe it’s necessary to defend yourself from deadly physical force [1]. So if someone pulls a knife on you, using a weapon to defend yourself could be justified.

The weapon you use has to be reasonable – like pepper spray or a stun gun. Using a gun or knife in self-defense is a lot harder to justify unless the other person also has a deadly weapon.

FAQs

What are the most common assault charges in New York?

The most common assault charges in New York are 3rd degree assault (intentionally causing physical injury), 2nd degree assault (causing serious physical injury, usually with a weapon) and 1st degree assault (intent to cause serious injury with a deadly weapon) [2].

What’s the difference between assault and battery in New York?

New York law doesn’t actually use the term “battery” – assault includes both threatening injury and actually causing injury. Other states separate these into assault and battery charges [2].

Can I be charged with assault if I didn’t hit anyone?

Yes, you can be charged with 3rd degree assault in New York for recklessly causing injury, even if you didn’t intend it. Things like throwing objects that unintentionally hit and injure someone could lead to assault charges.

What should I do if charged with assault?

If charged with any assault crime in New York, you should exercise your right to remain silent, hire an experienced criminal defense lawyer, and listen to their advice about possible defenses before making any statements about the incident.

The Bottom Line

Being accused of assault leads to scary criminal charges in New York. But experienced criminal defense lawyers know how to build a defense to these allegations. Some common defenses include self-defense, lack of injury, and intoxication. Understanding the law and how lawyers defend these cases can help if you’re facing assault charges in New York.

Sources:

[1] https://www.nysenate.gov/legislation/laws/PEN/35.15
[2] https://www.newyorkcriminallawyer.com/defending-assault-in-new-york/
[3] https://www.lawfletcher.com/Criminal-Defense/Assault.aspx
[4] https://www.nysenate.gov/legislation/laws/PEN/40.15
[5] https://www.nysenate.gov/legislation/laws/PEN/120.14