What kinds of defenses work for assault charges in New York?

What Kinds of Defenses Work for Assault Charges in New York?

When facing assault allegations in New York, having an effective legal defense is crucial. The state has complex laws covering different degrees of assault, so the available defenses depend on the specific circumstances of the case. But generally, some of the most common defenses that can counter assault charges in New York include:

Self-Defense

One of the top defenses to assault is arguing that you acted in self-defense when the alleged crime occurred. Under New York law, you are justified in using physical force against another person if it’s necessary to defend yourself or a third party from what you reasonably believed was the imminent use of unlawful physical force [1].

To prove self-defense, factors like the following are considered [2]:

• Imminence of threat
• Reasonableness of your belief force was necessary
• No ability to retreat safely
• Proportionality of your response

If the circumstances show you acted justifiably out of self-defense, the charges can potentially be defeated.

Defense of Others

Similar to self-defense, you can argue you used physical force to defend another person, not yourself. The same standards apply in terms of justifying your use of force against the attacker [2]. This defense comes into play if you were protecting someone else from harm.

Lack of Intent

For assault charges above third-degree in New York, the prosecution must prove you intended to cause physical injury [3]. For the lower degrees, they only have to establish recklessness. If you can show you didn’t intentionally or recklessly cause injury, it can defeat the charges.

For example, if it was a pure accident or you were acting in good faith without malice, you may not have the requisite intent. Raising doubt about intent can be an effective defense strategy.

Mistake of Fact

Under New York law, it is a defense if you made an honest and reasonable mistake of fact which negates the intent required for an assault crime [4]. For example, you may have reasonably believed the “victim” was about to attack you, only to be mistaken.

If your mistake of fact was credible under the circumstances, it could weaken the prosecution’s case.

Intoxication

Voluntary intoxication from drugs or alcohol does not excuse criminal conduct. However, involuntary intoxication can provide a defense if it prevented you from forming the intent necessary for a crime [5].

This defense rarely succeeds but may apply if you unknowingly ingested an intoxicant or were forced to become intoxicated against your will.

Self-Defense Justification Does Not Apply

For the lowest degree of third-degree assault in New York, the prosecution only has to establish you intentionally, recklessly, or negligently caused physical injury [3]. Self-defense or defense of others is not a justification for third-degree assault.

So for the least severe assault charge, you can’t claim justification – you’d need a different defense.

Mental Disease or Defect

Under New York law, it is a defense if you lacked criminal responsibility because of a mental disease or defect [6]. You must establish you lacked substantial capacity to know or appreciate the nature and consequences of your conduct.

If mental health issues contributed to the alleged assault, raising issues of competency may negate intent.

Consent

For assaults involving physical fights, it can be a defense that the alleged victim consented to the physical contact. This might apply to certain sports, roughhousing among friends, or physical contests like boxing where violence is anticipated and agreed upon.

Evidence the “victim” consented could weaken the prosecution’s case.

Key Takeaways

Some key defenses that may defeat assault charges in New York include:

• Self-defense or defense of others
• Lack of intent to cause injury
• Mistake of fact
• Intoxication removing intent
• Mental disease or defect
• Consent to the physical contact

An experienced New York criminal defense attorney can assess the evidence and advise you on the best defense strategies to pursue in your specific case.

References

1. Article 35 – NY Penal Law | Justification | NYS Laws
2. Section 35.15 – Justification; use of physical force in defense of a person | New York State Senate
3. Article 120 – Assault and Related Offenses | NY Penal Law | NYS Laws
4. Section 15.20 – Effect of ignorance or mistake upon liability | New York State Senate
5. Section 15.25 – Intoxication | New York State Senate
6. Section 40.15 – Responsibility; affirmative defenses | New York State Senate
7. CUNY Academic Works User Guide – CUNY Academic Works User Guide – Library Guides at City University of New York