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If you recklessly, intentionally, or negligently cause physical harm to come to another person, you can be charged with one or more of several different assault crimes that have been defined within New York Penal Law. When the victim of the assault is someone you’ve had an intimate relationship with or a family member, the assault is counted as domestic violence.
Domestic violence can take a number of different forms. But assault is often included. The specific charge that you’ll face depends on how extensive the victim’s injuries are, what your intention was, and whether an object was used in the committing of the assault. If you used a dangerous instrument or deadly weapon, the assault charge will become more serious. Serious injuries also results in a more serious charge. Assault charges can also be brought against you if the assault involved forcing a person to commit a sexual act.
Most severe cases of assault carry a penalty of several years imprisoned. If any type of assault charge has been leveled against you, related to a domestic violence act, you’ll need to speak to an experienced lawyer who can help you understand your options and defend you.
Domestic violence incidents has reached an alarming rate. Many high profile cases have been a big part of media recently. This has caused New York’s law enforcement, along with multiple law enforcement agencies all over the country, to work harder to prosecute domestic violence offenders.
Domestic violence doesn’t always involve assault. It’s a catch-all term which can apply to a variety of criminal behavior involving crime committed against a person that is in an intimate relationship with the perpetrator or a close family member of the perpetrator.
Spodek Law Group is a group of lawyers in New York City who can represent, and defend you against a wide variety of domestic violence-related criminal charges.
Assault in the third degree is the least serious assault charge. But it still carries significant consequences. You can be charged with third degree assault if you intentionally or recklessly cause physical injury to another person. This is a class A misdemeanor which carries up to one year in jail.
Assault in the second degree is a more serious charge. Due to it involves causing serious physical injury or using a weapon. This is a class D felony that can result in up to seven years in prison. You can be charged with second degree assault if you intentionally cause serious physical injury, or if you use a dangerous instrument or deadly weapon to cause injury.
Assault in the first degree is the most serious assault charge in New York. This charge applies when you intentionally cause serious physical injury with a deadly weapon or dangerous instrument. It’s a class B felony which carries a sentence of up to 25 years in prison.
Reckless endangerment refers to the criminalization of actions which cause others to be put in danger, or the property of other people to be put in danger. Reckless endangerment can apply even if endangerment was not your intention. An action is considered to be “reckless” if it was committed without prior consideration of the potential consequences. Intention is irrelevant in these cases.
Multiple reckless endangerment cases center around defendants who shoot guns into public areas. Some other cases include defendants who drive recklessly whilst attempting to evade police capture. These cases tend to involve other criminal charges on top of the reckless endangerment charge.
No one has to be injured for reckless endangerment to count as a criminal offense. Even the danger of suffering an injury can lead to the charge being pressed. Regardless of whether that danger was ever realized. You might also find yourself charged if another person’s property is put in danger of damage.
If you’re charged with a reckless endangerment offense, you’ll need to get in contact with a lawyer who can help defend you against the charges. Spodek Law Group is a group of the best lawyers in New York City, able to defend you against whatever criminal charges you’re accused of, and help you understand your best options.
A domestic violence conviction carries consequences which extends far beyond prison time. You may face:
Orders of protection preventing contact with the victim. Loss of child custody or visitation rights. Difficulty finding employment due to your criminal record. Loss of the right to possess firearms. Damage to your reputation, and personal relationships. Immigration consequences if you’re not a U.S. citizen.
Due to the severity of these consequences, it’s critical to fight domestic violence charges aggressively from the beginning.
An experienced criminal defense attorney will examine every aspect of your case to identify potential defenses. Including:
Self-defense. If you was defending yourself from an attack, this is a valid defense. Defense of others. Protecting another person from harm can justify your actions. False accusations. Unfortunately, domestic violence charges is sometimes fabricated during custody disputes or relationship conflicts. Lack of intent. The prosecution must prove you intentionally or recklessly caused injury. And Insufficient evidence. The burden of proof is on the prosecution.
Your attorney will scrutinize all evidence against you. They will look for inconsistencies in witness statements, violations of your constitutional rights, and alternative explanations for the victim’s injuries. In many cases, the prosecution’s case is based off circumstantial evidence which can be effectively challenged.
In domestic violence cases, the court often issues an order of protection. This order can restrict your ability to contact the alleged victim, require you to stay away from certain locations, and even prevent you from returning to your own home. Violating an order of protection is a separate crime which carries additional penalties.
Your attorney can challenge orders of protection which are overly broad or unnecessary. And can help you understand the terms of any order that is issued.
Domestic violence cases is complex and emotionally charged. You need an attorney who:
Has extensive experience defending domestic violence charges. Understands the dynamics of intimate partner relationships. Has relationships with prosecutors, and judges in your jurisdiction. Can identify weaknesses in the prosecution’s case. Will fight aggressively to protect your rights, freedom, and reputation.
The stakes is too high to try and handle these charges alone. The prosecution has significant resources, and they take domestic violence cases seriously.
Law enforcement agencies has adopted a mandatory arrest policy in many domestic violence situations. This means that if officers respond to a domestic violence call, they are required to make an arrest if they have probable cause to believe an assault occurred. Even if the alleged victim doesn’t want to press charges.
Due to this policy, you may be arrested and charged even in situations where the incident was minor or involved mutual combat. This heightens the importance of having skilled legal representation which can challenge the arrest and the charges.
If you or a loved one has been charged with domestic violence assault in New York, contact Spodek Law Group immediately. We provide aggressive representation which protects your rights and fights for the best possible outcome in your case.
Don’t try and face these serious charges alone. Let our experienced criminal defense team stand with you. We understand the complexities of domestic violence cases, and we know how to build effective defenses. Call us 24/7 for a free consultation. Your future, your family, and your freedom is too important to leave to chance.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS