Assault

Being accused of a crime can be extremely stressful and one of the most trying moments of your life. Even minor criminal charges are subject to rigorous prosecution under New York law. This implies that, if you are found guilty, even a seemingly minor offense could have significant legal repercussions.

If found guilty, even a first-time or misdemeanor assault accusation might result in jail time. With so much on the line, it's crucial to speak with a criminal defense lawyer as soon as possible after your arrest. Charges of assault frequently arise from a conflict between two parties.

In reality, charges being brought against someone who was only attempting to defend themselves is not unheard of. A New York City assault attorney will thoroughly review the specifics of your case and consider every available defense. In English

What are the Penalties in New York City for Assault Charges?

According to state legislation, there are many levels of assault, from the least to the most serious. The consequences of a conviction depend on how serious the charges are. The consequences that a person can incur in an assault case might be lessened with the assistance of a New York City attorney.

Intentionally injuring someone or negligently harming someone with a weapon is considered an assault in the third degree. Third-degree assault is a misdemeanor that carries a maximum one-year prison sentence as well as a $1,000 fine.

A second-degree assault is one that results in death or a major decline in physical health and is committed with the purpose to cause serious physical injury. Second-degree assault is a Class D felony that carries a maximum seven-year jail sentence.

Assault in the first degree is defined as willfully employing a deadly weapon to inflict serious physical harm, or purposefully using a deadly weapon to inflict lifelong deformity, amputation, or handicap. It carries a 25-year prison sentence.

Factors that Make Assault Cases More Serious

Even though some of these accusations are misdemeanors, if aggravating circumstances are present in the case, the offense could be upgraded to a felony. For instance, under New York Penal Law 120.10, the crime becomes a first-degree felony if a lethal weapon was present at the scene of the crime.

However, even if a defendant is successful in casting doubt on the presence of a weapon at the scene of the incident, they could still be found guilty of a lesser charge of assault. For instance, a jury can determine that a defendant attacked the other party even though they didn't think the other party's injuries was caused by a baseball bat attack. A conviction for second- or third-degree assault could arise from this.

What Effect Can the Case's Alleged Victim's Identity Have in New York City?

The charges that are brought against someone may become more serious depending on who the intended victim is. A second-degree felony may result from an assault on someone who is acting legally, such as a police officer or firefighter.

If a criminal is accused of harming children, second-degree assault charges may also be brought against them. These additional charges are applicable when a defendant over the age of 18 negligently injures a kid under the age of eleven. In addition, second-degree assault charges may be brought against anyone who harms a child under the age of seven. More details regarding the various assault severity levels in New York City could be obtained from an attorney.

Criminal Defense for Cases of Assault

Prosecutors in assault prosecutions must establish the defendant's guilt beyond a reasonable doubt. The American court system's highest legal norm is found in this.

A prosecutor must demonstrate that the defendant acted purposefully in order to establish that an attack took place. That is, the accuser was actually being physically harmed by the defendant, who genuinely sought to hurt them.

The perpetrator did not truly intend to hurt the complainant, which is a common defense to assault accusations. An accused might, for instance, allege that somebody punched them in the face while they were on a subway train.

However, the defendant could raise lack of intent as a defense if they didn't mean to strike the plaintiff or didn't strike with the goal to harm them physically. Anyone charged with assault should contact a skilled New York City assault defense lawyer in order to assert this argument.