New York Assault
A New York Assault Lawyer can explain that Assault is a crime that can range from a misdemeanor offense to various types of felonies. What type of Assault is involved will depend on how badly the victim was injured, and whether a weapon was used during the commission of the crime. The severity of injury of the victim will often determine whether the District Attorney will offer a plea bargain, and will also be taken into account by the judge when imposing a sentence. If you have been charged with Assault, it is important to speak with a New York Criminal Lawyer from our team as soon as possible. You could be facing serious penalties including jail time, fines and probation.
There are three degrees of Assault. Assault in the third degree is classified as a misdemeanor. A misdemeanor is punishable by one year or less in jail. This offense requires the intent to inflict bodily injury, and bodily harm does result. This offense is frequently seen in relation to Domestic Violence cases.
The other degrees of Assault are all considered felonies and include:
- Reckless Assault involving a child and vehicular assault
- Second degree assault involves the use of a dangerous instrumentality
- Assault on a peace officer, includes assaults on firemen, policemen, and emergency medical service personnel
- Assault with a deadly weapon
Each the particular type of Assault have elements that will need to be proven by the District Attorney.
These cases tend to be very emotional because they commonly involve an injured victim. The District Attorney will need to maintain the burden of proof, which is “beyond a reasonable doubt.” It will be the job of your New York Assault Lawyer to break down the elements of the crime and raise defenses to your criminal charge.
It is not uncommon for the District Attorney to charge a defendant with multiple Assault charges. These are known as lesser included offenses. For instance, a defendant could be charged with a misdemeanor for Assault 3, and a felony for Assault 2, and a B misdemeanor for attempted Assault, all resulting from a single altercation. This is done so that if the District Attorney is unable to prove the felony Assault charge, he still may prove the misdemeanor Assault charge.
If you have been charged with Assault or other criminal matter such as a Sex Crime, drug crime, rape or Grand Larceny, it is vitally important to speak with a New York Assault Lawyer from Elliot Adler, P.C. We will create a strong defense strategy that will present your case in the best possible light, and ensure that your rights are protected. We will provide you with a free consultation with your first office visit, so call us today at 212.785.1300. We service Nassau County and Suffolk County on Long Island, and Westchester County. In New York City, we service Queens, Manhattan, the Bronx, Brooklyn and Staten Island.