Brooklyn Assault Lawyers

What is Assault?

In New York and most states, assault happens when an individual hits, kicks, slaps, pushes or verbally threatens another individual. The state of New York imposes harsh penalties to persons charged with assault. Each of these crimes carries a different form of punishment. Offenders stand to face a misdemeanor or a felony charge. Several factors contribute to the kind of punishment to be issued. The courts will consider the extent of physical harm. The weapon used to inflict harm, whether the victim was in a position to defend themselves and the impact of the injury on the victim.

Degrees of Assault

There are several degrees of assault depending on the severity of the injury and if a weapon is used.

Third-Degree Assault: Class A Misdemeanor

Assault in the third degree may involve pushing someone and causing a bruise or punching someone and causing a black eye. These acts are treated as a Class A misdemeanor. If found guilty and convicted, this will appear on your record.

Second-Degree Assault: Class D Felony

Second-degree assault in New York is classified under Class D felony. An example is punching someone so hard that you cause a finger to break or inflicting an injury that requires several stitches. These acts can attract a jail term of up to seven years. The charge will also remain in your record.

First-Degree Assault: Class B Felony

First-degree assault is classified as a Class B felony. For a conviction, intent to cause harm needs to be demonstrated. This type of charge often involves the use of a deadly weapon or other dangerous instruments. First-degree assault carries a mandatory prison sentence of 5 years in prison (minimum) and up to 30 years (maximum). Stabbing someone with a knife and causing serious internal injury can fall under first-degree assault.

Possible Defenses in Assault Charges

The circumstances surrounding the assault charge may differ. It is best to consult early with an assault defense lawyer to determine the best defense in your case. The lawyer will examine the facts of your case. The analysis will inform the defense approach. The possible defenses in assault charges include:

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Self-Defense

If you have reasonable grounds to believe that you were under attack and acted in self-defense, then you can have the charges dropped. To prove this, you must show the threat of harm or unlawful force. The defense must also demonstrate a reasonable basis for the perceived fear. While self-defense is a common strategy in assault cases, the force used to defend yourself must be reasonable.

Legal Scenario: What Would You Do?

Scenario

You got into a heated argument at a Brooklyn bar and shoved someone who then fell and hit their head on a table, requiring stitches. The police arrived and arrested you, and now you're facing assault charges in Kings County.

What kind of assault charge am I looking at, and could I actually go to prison for a single shove?

Attorney's Answer

Depending on the severity of the injury, you could be charged anywhere from Assault in the Third Degree under NY Penal Law § 120.00, a Class A misdemeanor carrying up to one year in jail, to Assault in the Second Degree under § 120.05, a Class D felony with up to seven years in prison. The fact that the victim needed stitches could lead prosecutors to argue "physical injury" or even "serious physical injury," which elevates the charge significantly. A skilled Brooklyn assault attorney can challenge the intent element, argue that the shove was reflexive or in self-defense, and work to get the charges reduced or dismissed. Early intervention is critical because witness statements and surveillance footage from the bar can disappear quickly.

This is general information only. Contact us for advice specific to your situation.

Defense of Others

Defense of others is similar to self-defense, the only difference is that in this case, the person acted in defense of others. This means that they perceived a real threat and acted so that others are not harmed. The same arguments and limitations used in self-defense also apply to defense of others.

Defense of Property