Assault vs. Battery in New York
Contents
- 1 Assault vs. Battery in New York
- 1.1 Understanding Assault vs. Battery in New York
- 1.2 The Legal Issue and Why Terminology Matters
- 1.3 Possible Penalties and Immediate Steps
- 1.4 Building a Defense Through Investigation
- 1.5 Acting Quickly After an Arrest
- 1.6 Self-Defense and Justification Arguments
- 1.7 Negotiation vs. Trial: Strategic Choices
- 1.8 Detailed Timelines and Filing Requirements
- 1.9 The Courtroom Battle and Jury Persuasion
- 1.10 Final Thoughts and Next Steps
Assault vs. Battery in New York
Understanding Assault vs. Battery in New York
Look, I know how scary it feels when the government tries to pin a charge on you for something like assault, especially since “battery” is not formally stated in the N.Y. Penal Law but gets lumped together under assault statutes, and you can’t trust them to play fair without a solid legal shield. Assault charges here revolve around N.Y. Penal Law § 120.00, which defines assault as intentionally or recklessly causing physical injury to another, but in everyday language many people keep saying battery when they actually mean assault, so the confusion alone can bury you. Todd Spodek, a second-generation attorney who you might’ve seen talked about on that Netflix series with Anna Delvey, defends folks from NYC to LA through our white glove service, which includes a digital portal so you can see your entire case file and every next step without letting the prosecution hide important details. We handle these matters with an unwavering view that the government overreaches, so you need a proven team to stop them from bulldozing your rights, and our offices stand ready to fight from the moment you get served with a summons until the final hearing.
The Legal Issue and Why Terminology Matters
Battery sounds more ominous, yet in New York the main concern is whether you intentionally caused harm or made someone fear bodily injury, so the prosecution lumps everything into assault statutes, including attempts, or so-called “touching” crimes. People v. Lamb, 26 N.Y.2d 106 (just referencing a classic example of violent conduct) recognized that intentional physical conduct can sustain an assault charge if the harm was foreseeable, but you cannot trust the government to weigh every nuance, they just want a conviction. Todd Spodek and our Spodek Law Group keep seeing how prosecutors push these charges even where the alleged victim barely had a bruise, which is why we use an advanced client portal to store photos and medical records that prove a lack of real injury. We’re in NYC and LA, but we travel nationwide if needed, cause the government tries to nail you wherever they can, and Todd’s record speaks loud in both state and federal courts.
Possible Penalties and Immediate Steps
An assault conviction in New York can mean up to one year in jail for a misdemeanor under N.Y. Penal Law § 120.00, or several years in prison if the charge escalates to a felony under N.Y. Penal Law § 120.05, and the government always tries to push for the harshest reading, which is insane without strong legal counsel. We see judges scheduling preliminary hearings fast, sometimes within days, so you must file immediate motions under CPL 210.45 if there’s a basis to dismiss or reduce counts, or the prosecution’s narrative sets in stone. Todd Spodek’s approach is to gather everything from 911 calls to text messages, then store them in our digital portal, so you always know what’s up, and we’re able to highlight shaky witness statements. Our white glove service means we’re on call 24/7 to jump into your case, and Todd’s media appearances show how we’re never shy about pushing back on the state’s overreach, cause they never hold back on trying to screw you.
Building a Defense Through Investigation
You might worry that no one will believe your side, cause the government often focuses on police reports without checking if the alleged victim started the altercation or if the officer’s notes are incomplete, which leads to unfair assumptions. Under People v. Contes, 60 N.Y.2d 620, the court emphasized that the proof must establish guilt beyond a reasonable doubt, yet prosecutors act like they automatically have that proof, so we investigate every detail. Todd Spodek’s team interviews witnesses and obtains surveillance footage, plus we request any medical records that show the alleged injury was minimal or unrelated to you, and we upload all that data into our digital portal. Our law firm stands ready to pick apart the government’s version of events, and Todd’s second-generation track record means we use old-school trial skills combined with modern resources, so we never let the state get away with lazy shortcuts.
Acting Quickly After an Arrest
When you get arrested for assault in New York, the clock starts ticking on arraignment, where the judge sets bail or decides if you’re released, so we rush to gather your side of the story. Criminal Procedure Law § 140.20 requires law enforcement to bring you before a local criminal court “without unnecessary delay,” but we see them drag their feet to keep you in custody, so Todd Spodek’s job is to push for immediate judicial review. We reach out to potential witnesses, preserve digital evidence, and use our digital portal to collect everything from security cam footage to text messages that show self-defense or false accusations. We set up a direct line with you so we can respond at all hours, and Todd’s media appearances reflect how we call out prosecutorial abuse in real time, which is critical when the state tries to overwhelm you with one-sided narratives.
Self-Defense and Justification Arguments
You might wonder if you can claim self-defense if the other person threatened you first, and N.Y. Penal Law § 35.15 does allow using physical force when you reasonably believe it’s necessary to defend yourself, but the prosecution often tries to say your reaction was disproportionate. Todd Spodek’s firm investigates the specific circumstances, like if the alleged victim had a weapon, or if there was a real threat to your safety, because we show how the government just wants an easy conviction. We gather eyewitness statements, phone videos, and any 911 audio to prove you had no choice, then we store those files in our digital portal and prepare a neat timeline for the jury. Todd’s second-generation approach means we know how to hammer the state for ignoring context, so the government can’t spin your defensive actions into something malicious.
Negotiation vs. Trial: Strategic Choices
Sometimes the government pushes a plea deal and offers a lesser offense like harassment, but we see them use scare tactics to force you to plead guilty, and they rely on your fear of the unknown. CPL § 220.10 explains how a defendant can plead to lesser charges under certain conditions, but Todd Spodek’s philosophy is that we only consider that path if the facts warrant it, because we never let the state’s bullying go unchecked. We analyze every statement, medical record, or police interview in our digital portal to see if the prosecution’s evidence actually holds up in court, and if it doesn’t, we gear up for trial, cause once we call out their weak points, their entire story can collapse. Todd’s media coverage, from Fox 5 New York to the Netflix series, shows that he’s not afraid to cross-examine witnesses relentlessly, so the government learns they can’t just steamroll you.
Detailed Timelines and Filing Requirements
You face strict timelines under CPL § 30.30, which sets speedy trial clocks that the government pretends to honor, but they often delay to gather more evidence against you, so Todd Spodek steps in to demand compliance or file motions to dismiss. We keep track of every court date, demand discovery within the statutory period, and upload each document we get to our client portal so you see exactly how the government tries to build its narrative. If the state fails to meet deadlines, we move for dismissal, but if they comply, we keep refining our defense strategy by reviewing each piece of evidence for contradictions or unverified claims, cause that’s how we expose their shortcuts. Todd’s second-generation experience means he’s known how to force the prosecution’s hand for years, and it’s a tactic that disarms overzealous DAs who assume you’ll just fold without a fight.
The Courtroom Battle and Jury Persuasion
When trial day comes, Todd Spodek stands in that courtroom and challenges the government’s witnesses, cause prosecutors love to present them as saints who only speak truth, which is laughable if you see how often they contradict prior statements. Under People v. Reed, 40 N.Y.2d 204, the Court of Appeals stated that cross-examination is an essential safeguard for the accused, and we utilize that right aggressively, asking every question that exposes holes in the prosecution’s timeline. We present your story using any available evidence from our digital portal, and if necessary, we bring in expert testimony on forensic analysis or medical issues that highlight alternative explanations for alleged injuries. Todd’s track record, including high-profile media coverage, demonstrates that we never let the government’s spin overshadow your constitutional rights, which is how we keep them from screwing you out of your freedom.
Final Thoughts and Next Steps
Assault in New York, whether you call it battery or not, poses life-changing threats, and you shouldn’t go into this fight alone because the government tries to bury you with charges, forms, and shady tactics. We at Spodek Law Group handle your case with a white glove style that Todd inherited from his father, plus we incorporate a modern twist using our digital client portal, and that keeps you informed at every turn. Our offices in NYC and Los Angeles give us a national reach, so we can jump in wherever the state tries to prosecute you, and Todd’s Netflix notoriety from representing Anna Delvey underscores that we thrive in high-stakes environments. Call us now or reach out online for a consultation, cause the sooner you get lawyers who push back on overzealous prosecutors, the sooner you protect your future and keep them from screwing you over.