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What is the Punishment for Assault in Queens, New York?
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What is the Punishment for Assault in Queens, New York?
Assault charges in Queens can lead to serious legal consequences. As a borough of New York City with over 2 million residents, Queens sees thousands of assault cases each year. Understanding the specific punishments for assault is critical if you or a loved one is facing charges.
Assault Charges and Penalties
There are various degrees of assault charges in New York:
- Third Degree Assault – When a person intentionally or recklessly causes injury to another person. This is a Class A misdemeanor punishable by up to 1 year in jail.
- Second Degree Assault – When a person intentionally causes serious physical injury to another person with a weapon or dangerous instrument. This is a Class D felony punishable by up to 7 years in prison.
- First Degree Assault – When a person intends to cause serious physical injury to another person with a deadly weapon or dangerous instrument. This is a Class B felony punishable by up to 25 years in prison.
Penalties can increase if the assault victim is a child, elderly person, police officer, or other protected class. Gang assault charges also carry enhanced penalties.
Aggravating and Mitigating Factors
When determining a sentence, Queens judges consider aggravating and mitigating circumstances surrounding the assault.Aggravating factors that increase punishment include:
- Prior criminal record
- Use of a weapon
- Premeditation
- Injury to a child or elderly victim
- Cruelty and callousness
Mitigating factors that may reduce punishment include:
- Lack of prior convictions
- Provocation or self-defense
- Remorse and cooperation
- Mental illness
- Positive background and character references
Sentences can involve jail time, fines, probation, restitution to victims, counseling, community service and more.
Getting an Experienced Queens Assault Lawyer
Facing assault charges without proper legal advice can ruin lives. Queens assault lawyers have experience negotiating with judges and prosecutors to mitigate penalties. They will thoroughly examine your case, gather evidence, and build the strongest defense to avoid harsh punishment.Top assault lawyers in Queens offer free consultations to review your charges, explain your rights, and craft a defense strategy. They understand the complexities of NY assault laws and have relationships with judges and prosecutors that lead to better outcomes.With so much at stake, get experienced legal help immediately if facing assault allegations in Queens County. Check out these recommended assault defense lawyers in Queens:
- Frank & Associates – Highly rated criminal defense firm fighting Queens assault cases for over 30 years. Call (718) 268-4946.
- Queens County Criminal Lawyers – Zealous assault defense focusing on personalized attention and affordable legal fees. Click here to schedule a free consultation.
- Steinberg Criminal Defense – Former Queens prosecutors representing assault suspects at trial and appeal. Visit site for intake form.
Do not take chances with public defenders or less experienced lawyers. Queens assault attorneys from these firms will aggressively defend your rights.
What Happens After an Assault Arrest in Queens?
Once arrested for assault in Queens, you will go through the following general process:
- Arrest and Booking – Police take your fingerprints, photographs and collect DNA swabs. You are searched and held until arraignment. Inform cops if medical care is needed.
- Arraignment – Within 24 hours, you go before a judge who reads the charges against you. The judge decides whether to set bail or release you on your own recognizance. Do not make statements about the case during this hearing.
- Prosecution Phase – The District Attorney’s office reviews evidence and files formal charges against you via an indictment or information document. Your lawyer will negotiate with prosecutors regarding potential plea deals or pre-trial motions to weaken their case.
- Pre-Trial Motions – Your attorney can file motions to suppress evidence, dismiss charges or otherwise bolster your defense heading into a trial. If motions fail, prosecutors may offer a plea bargain to avoid trial.
- Plea Bargain – Rather than risk trial, your lawyer may negotiate a plea deal with lesser charges and/or lighter sentencing recommendations. Make sure you understand exactly what rights you waive before accepting any plea offer.
- Trial – If no plea deal is reached, prosecutors must prove assault charges beyond a reasonable doubt to a judge or jury at trial. Your lawyer will attempt to create reasonable doubt through cross-examination of witnesses and presentation of defense evidence.
- Sentencing – If convicted at trial, the judge will impose punishment ranging from probation to many years in state prison depending on the degree of assault charges and other factors.
Having an experienced Queens criminal attorney in your corner from the start is key to overcoming allegations and minimizing penalties for assault. Do not wait to get help.
Frequently Asked Questions About Queens Assault Cases
Here are answers to some common questions about assault arrests and charges in Queens County:Can I represent myself in an assault case?Technically yes, but this is an extremely unwise decision given the complexities of NY criminal law and the severe penalties for assault convictions. An experienced Queens assault lawyer gives you the best chance at a not guilty verdict or lenient punishment.What if I was defending myself or someone else?Self-defense or defense of others can justify use of physical force against an aggressor. Make sure cops know you acted defensively rather than offensively. Your lawyer will argue justification to beat the charges.Should I accept a plea bargain?While pleading guilty seems easier, the conviction will stay on your permanent record. Your attorney will gauge the strength of the prosecution’s case to determine if a plea deal makes sense or if fighting at trial is preferable based on the chance of acquittal. Make this big decision carefully.What if I can’t afford an assault lawyer?Reputable Queens assault defense firms offer flexible payment plans and take cases at reduced fees when necessary. Do not let the lack of money prevent you from getting experienced legal help. Public defenders juggle heavy caseloads so your defense may suffer.How much does a Queens assault lawyer cost?Retainer fees often range from $1,500 to $15,000+ depending on the lawyer’s experience level and the complexity of your assault charges. However, prices vary so get free consultations with different attorneys to understand all your representation options.Being accused of assault turns your life upside down. Get dedicated legal help fighting these life-changing allegations in Queens County. Act now by contacting skilled NYC assault lawyers ready to defend you.
Resources
New York Penal Code 120.00 – Third Degree Assault
New York Penal Code 120.05 – Second Degree Assault New York Penal Code 120.10 – First Degree Assault FindLaw – Aggravating and Mitigating Factors in New York Sentencing
Mitigating Factors in Assault Cases – Avvo