Criminal Defense Lawyers

New York Assault Frequently Asked Questions

What is assault?

New York’s penal code has a variety of defined assault charges. The simplest definition of assault is the intentional or reckless physical harm of another individual. The charges for this crime can range from misdemeanors to class B felonies. Even if you’re convicted of a misdemeanor assault, you will still face serious legal consequences. It’s essential to contact a New York attorney who has the experience to navigate your defense. Spodek Law Group has been practicing since 1976.

What are the assault charges?

Three charges encompass general assaults: assault in the first, second, and third degree. A third degree assault is the most minor assault charge and classified as a class A misdemeanor, the most serious misdemeanor there is. This is what you’ll generally be charged with if you have a physical fight with another person and injure that person. This charge will also be leveled against you if someone is injured as a result of your reckless actions.

Second degree assault is the charge when the victim suffers serious injuries or a deadly weapon is used. It’s also the charge when the assault victim is over the age of 65, under the age of 11, a firefighter, a law enforcement official, or any other official. Second degree assault is considered a class D felony rather than a misdemeanor.

First degree assault is considered a class B felony and carries possible sentences of twenty-five years in prison. This charge is used in situations where a person was seriously injured through the use of a dangerous instrument or deadly weapon. It’s also used when a perpetrator seriously injures a person while committing a different felony.

What other assault charges are there?

You might be charged with any of these:

• Reckless assault of a child
• Vehicular assault
• Gang assault
• Aggravated assault
• Assault on a police/peace officer
• Assault on a judge

All of these crimes range in severity from class B felonies to class E felonies.

What is the sentence for an assault conviction?

Sentencing depends largely on the exact charges that were leveled against you. You might also face additional charges on top of the assault charge depending on the circumstances. The sentence might include a fine, probation, jail, or prison time.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Class A misdemeanors have a maximum possible jail sentence of one year and fines up to $1,000. The next step up, a class E felony, has a maximum sentence of four years imprisoned and fines up to $5,000. Class D felonies have maximum prison sentences of seven years and fines up to $5,000. Class C felonies have maximum prison sentences of fifteen years, while class B felonies have maximum sentences of twenty-five years and fines up to $30,000.

What are my options after being charged?

After your initial arrest, you’ll be arraigned within about twenty-four hours of the arrest. This is the point where you’ll learn what charge or charges have been made against you. It’s important that you have a defense attorney who understands the law and can ensure you aren’t overcharged.

Different people will have different options depending on the circumstances surrounding the assault. In some cases, you’ll be able to plead guilty to a lesser charge. In other cases, your lawyer may be able to have some of the evidence thrown out because of improper police procedures.

Attorneys have spent years studying the law. The lawyers at Spodek Law Group have been practicing since 1976. They know how to defend clients against any assault charge in any circumstances.