Criminal Defense Lawyers

NYC Assault With A Dangerous Instrument Lawyers

According to the Penal Law in New York State, assault is considered a criminal offense that occur with you recklessly or intentionally harm another person physically. There are several types of actions that can be considered assault:

• Punching someone
• Shooting another person
• Stabbing a person
• Hitting someone with your vehicle

Assault often means that the victim is hurt painfully and permanently, which carries serious consequences for the attacker. Penalties include several years in prison, as well as high amounts paid in fees, fines and restitution.

Dangerous Instrument

You don’t have to be using a weapon in order to commit assault. The item that you harm the other person with can be an everyday item that is misused for the sake of violence. Though it may not be a dangerous weapon most of the time, it becomes one when you use it in a dangerous way.

If you have an assault with a dangerous instrument charge against you, it will be one of three types of charges: assault in the first, second or third degree.

Assault in the First Degree: You seriously and physically injure another person by using a deadly weapon, or your reckless conduct results in the injury or death of the victim. This is considered a Class B felony.

Assault in the Second Degree: You intend to injure the victim, which is different from the First Degree, in which you intend to seriously injure the victim. For example, with Assault in the First Degree, you may repeatedly hit the victim with a stool over and over, while with Assault in the Second Degree, you may push a person down the stairs in order to cause them harm.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

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.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

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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Assault in the Third Degree: This is the least serious charge of the three assault types, and it’s considered a Class A misdemeanor. Assault in the Third Degree occurs when your criminal negligence and use of a dangerous instrument results in the injury of another person. criminal negligence is when your conduct seriously deviates from the reasonable and standard care a person should exercise in a situation.

Defenses

There are two basic types of defenses your lawyer may choose based on your specific case: extent of injury or self-defense.

Extent of Injury: In order for there to be a legitimate assault charge, the victim must experience some sort of physical injury. Legally, this means either substantial pain or physical impairment, and it doesn’t take into account very minor injuries. For example, minor discomfort and temporary bruising would not be considered assault, unless it’s accompanied by a permanent scar or a hospital stay. For more serious assault charges, the injuries must be so severe that they could either lead to death or cause the victim to suffer from the physical impairment for a prolonged amount of time.

Self-Defense: If you felt that you were in danger, you may be justified in the assault if it was for the sake of protecting yourself. In order for this defense to work, you have to show that the other person posed a serious threat to you and that they started the violence. You also are not able to use this defense if you used more force than was necessary to protect yourself.

Contact a Lawyer

If you’ve been charged with assault, you’ll want to contact an experienced criminal lawyer today. Your lawyer will go over the details of your case in order to defend you in the best way possible. If you need a lawyer to represent you in an assault with a dangerous instrument case, contact the Spodek Law Group today.