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 Federal Lawyers right away.
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 Federal Lawyers of New York can provide you with the best legal aid to overcome any charges related to assault with a deadly weapon.
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(212) 300-5196The 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.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
After an argument outside a bar in Manhattan, you shoved someone who then fell and hit their head on the curb. Now police are saying a witness claims you swung a bottle during the altercation, and you've been charged with assault in the second degree with a deadly weapon under New York Penal Law § 120.05.
Can they really charge me with assault with a deadly weapon when I only pushed the person and never used a weapon?
Under New York Penal Law § 120.05, assault in the second degree involves causing physical injury with a deadly weapon or dangerous instrument, and prosecutors often rely on witness testimony to establish that element. A bottle can be classified as a "dangerous instrument" under Penal Law § 10.00(13) if used in a manner capable of causing serious physical injury. Your defense would focus on challenging the credibility of the witness account and demonstrating that no weapon or dangerous instrument was actually involved, which could reduce the charge to a misdemeanor assault under § 120.00. Given that a conviction under § 120.05 is a class D felony carrying up to seven years in prison, it is critical to retain experienced counsel immediately to preserve evidence and build your defense.
This is general information only. Contact us for advice specific to your situation.
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.
