When charged with assault with a gun, an individual is accused of causing injury with a gun through reckless or intentional behavior. While assault can have several meanings, assault with a gun covers any physical injury that can be inflicted with a gun. If you are facing these allegations, it is in your best interest to contact an attorney from the Spodek Law Group immediately.

Assault with a Gun in NYC

When facing allegations of assault with a gun, the consequences will be very harsh. Due to the fact that a gun is much more likely to cause serious injury or death, you may find that there is little leniency for your case. A conviction will most likely result in a prison sentence, restitution, or fees. If you hope to properly defend yourself against the charges of assault with a gun, you'll need an experienced attorney who is an expert in criminal law. The Spodek Law Group of New York will be able to provide the best attorneys to help you defend against any charges related to assault with a gun.

Assault with a Gun and the Charges Involved

The charges that come with assault with a gun vary depending on the level of assault and injury. according to the level of assault. As the gun itself is considered a weapon capable of causing harm or death, you will find that the charges are very serious.

1. Assault in the First Degree

You will be charged with first-degree assault if you intended to cause serious injury with a gun. Moreover, if you acted with reckless indifference to others when wielding the gun, you can be charged with first-degree assault. You will be charged with a class B felony.

2. Assault in the Second Degree

Much like first-degree assault, assault in the second degree with a gun occurs when the accused intentionally injures another person with a gun. While the first-degree assault focused on the gun being used to cause a serious injury or death, the second-degree relates to the intent to injure. You will be charged with a class D felony.

3. Assault in the Third Degree

Assault in the third degree is considered a misdemeanor. An individual can be charged with third-degree assault with a gun if the victim experiences any form of gun-related injury at your hand.

Defenses for Assault with a Gun

With an experienced attorney from the Spodek Law Group, you’ll be able to expertly fight against any allegations that you may face. These following defenses are commonly used in assault with gun charges:

1. The extent of the Injury

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The type of assault charge you face will depend upon the extent of the victim’s injuries. If the victim only has minor injuries due to assault with a gun, you will likely be able to escape the more serious assault charges.

2. Self-Defense

In the state of New York, physical force is considered a valid way to protect against any imminent harm. Speak to an attorney from the Spodek Law Group to discuss the use of self-defense in your case. With self-defense, your attorney will be able to prove that you acted as a way to protect yourself, rather than intent to kill or harm. Assault with a gun is a very serious allegation. Start building your case today by contacting an attorney from the Spodek Law Group.