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Assault Charges in New York: Understanding the Degrees and Possible Defenses

In New York and most States, assault happens when an individual hits, kicks, slaps, pushes or verbally threatens another individual. The state of New York imposes harsh penalties to persons charged with assault. Each of these crimes carries a different form of punishment. Offenders stand to face a misdemeanor or a felony charge. Several factors contribute to the kind of punishment to be issued. The courts will consider the extent of physical harm. The weapon used to inflict harm, whether the victim was in a position to defend themselves and the impact of the injury on the victim.

Degrees Of Assault

There are several degrees of assault depending on the severity of the injury and if a weapon is used. In New York assault in the third degree may involve pushing someone and causing a bruise or punching someone and causing a black eye. These acts are treated as a Class A misdemeanor. If found guilty and convicted, this will appear on your record.

Second-degree assault in New York is classified under Class D felony. An example is punching someone so hard that you cause a finger to break or inflicting an injury that requires several stitches. These acts can attract a jail term of up to seven years. The charge will also remain in your record.

First-degree assault is classified as a Class B felony. For a conviction, intent to cause harm needs to be demonstrated. This type of charge often involves the use of a deadly weapon or other dangerous instruments. First-degree assault carries a mandatory prison sentence of 5 years in prison (minimum) and up to 30 years (maximum). Stabbing someone with a knife and causing serious internal injury can fall under first-degree assault.

Possible Defenses In Assault Charges

The circumstances surrounding the assault charge may differ. It is best to consult early with an assault defense lawyer to determine the best defense in your case. The lawyer will examine the facts of your case. The analysis will inform the defense approach. The possible defenses in assault charges include:

Self Defense

If you have reasonable grounds to believe that you were under attack and acted in self-defense, then you can have the charges dropped. To prove this, you must show the threat of harm or unlawful force. The defense must also demonstrate a reasonable basis for the perceived fear. While self-defense is a common strategy in assault cases, the force used to defend yourself must be reasonable.

Defense of Others

It is similar to self-defense, the only difference is that in this case, the person acted in defense of others. This means that they perceived a real threat and acted so that others are not harmed. The same arguments and limitations used in self-defense also apply to defense of others.

Defense of Property

If you acted on the fear that your home or any other property was under attack, then you can use the protection of property to argue your case. The limitation for force, in this case, is stricter when compared to self-defense. The force applied must be reasonable depending on the perceived threat of damage.

Necessity

The necessity defense applies when someone commits an act that can be deemed as assault, but they did it out of necessity. It means that there was no other alternative to avoid private injury or greater public harm.

Failed mental state

Lack of mental state can be used a defense if someone acted recklessly and caused harm due to a failed mental state. This defense needs to be proved medically. A psychiatrist can be asked to testify to the lack of mental state at the time the accused committed the crime.

Consent

Consent is used as a defense if the victim voluntarily consented to an activity that can cause bodily harm. An example is wrestling or football.

Get Help From a Brooklyn Assault Lawyer

An assault on your record can have far-reaching consequences. Today, almost all organizations and institutions conduct background checks. A conviction will limit your chances of getting employed or even enrolling in certain institutions. Protect yourself and your future interests by working with an assault lawyer. Their expertise and defense can make all the difference in an assault charge.

Don’t deal with Brooklyn Assault Lawyers alone. Speak to the Spodek Law Group today.

Assault Charges: Understanding the Consequences and the Importance of Legal Representation

Assault is a very common crime that can have very serious consequences. Assault is a violent crime that will be looked upon as a criminal act. If convicted, you could face years in prison, restitution and hefty fines. The degree of which charges can escalate depends upon may factors.

Do you have a criminal record?

Do you have experience in martial arts?

Do you own a firearm?

Were you intending on killing the plaintiff?

Are you willing to plead guilty?

Are you a danger to society?

Our law firm has a vast amount of experience in handling assault cases. We realize that their may be extenuating circumstances that can affect your case. Let our experts help you in your time of need.

It is imperative that you do not speak to the police before contacting a law firm. Our seasoned professionals will look over every aspect of your case for accuracy and flaws. This can be a huge difference between a felony and a misdemeanor. There is a very good chance that your charges can be reduced.

A good lawyer will also intervene on your behalf. There are times when you may have acted out of anger. Let our law firm argue your case for you. We can speak with the judge and convey your motives. Our goal is to secure leniency. We can also get friends and character witnesses to speak on your behalf. These people can attest to your morals, especially if you have a clean record.

There is no doubt that the plaintiff deserves compensation for pain and suffering, but you also have rights under the constitution. That being said, you should always take care to find the best lawyer you possibly can. An assault can land you in jail or in prison. You need to find an attorney who has a solid track record for defending assault cases. You must take worst case scenario into account. A reputable attorney will not be intimidated by the state. They will utilize certain loopholes to work for your advantage. There is a good chance that your sentence can be reduced. This can be done in a number of ways:

Apologize to the plaintiff.

Handle the plaintiff’s medical expenses.

Pay the plaintiff for personal injuries.

Compensate plaintiff for loss of earnings.

Some people confuse felony assault with attempted murder. It is imperative that you have an attorney to help you understand what each means.

Felony Assault:

– Inflicting bodily injury on purpose.

– Inflicting bodily injury with a weapon.

Attempted Murder:

– Stalking a person with murder in mind.

– Obtaining a firearm with the intention of committing murder.

– Luring an individual to someplace with the hope of murder.

– Breaking into someone’s home or business with the intention of murder.

– Acquiring weapons and arranging murder.

– Convincing someone to commit murder on your behalf.

If you are involved in any of the above it is time to get an attorney yesterday. As seen the charges are vastly different. While both can be very serious, attempted murder can potentially carry a much longer sentence. Either way, you will need professional representation to plead your case.