In New York, the lowest level of assault considers whether an individual caused another harm, with a requisite intent to do so. Individuals are charged with higher levels of assault depending on the severity of harm done, the level of intent the individual had in inducing such harm, and whether a deadly weapon was actually used. Assault is a serious charge in the State of New York, and as such, requires highly experienced, professional advocates to serve you. For years, we have worked closely with prosecutors in the area
to procure the best results for our clients!
To combat a charge of assault, we take into consideration one’s intent, and how the alleged assault happened. We would first determine whether you meant to strike the other individual, accidentally made contact with the other individual, threatened the individual before striking him or her, and how a threat was perceived (words or physical action).
Our team would also consider the context of the situation. Where were you when the alleged assault took place in relation to the other individual? Did you have a knife or gun when allegedly assaulting the other person? We would also contemplate what harm was done to the other person. Did the assault result in a scuffing, or, alternatively, a broken bone? Also, we would consider potential defenses. If for instance, you had reason to believe that you needed to defend yourself or another, you may be justified in physically assaulting that individual.
Balancing these considerations will be necessary to determine the likely outcome of your case, and ultimately better our understanding how to best defend you and your interests. As with most charges in the State of New York, the penalties vary depending on the facts of the situation. While there are different levels of assault charges, here are a few more common ones:
Assault in the Third:
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
Assault in the First:
A person is guilty of assault in the first degree when:
1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or
3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or
4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight there from, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.
Assault in the first degree is a class B felony.
Gang Assault in the Second:
A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.
Gang assault in the second degree is a class C felony.
Our law firm has handled assault charges and all other criminal defense matters with vigor and expertise for many years. We have a keen and in-depth understanding of criminal defense from multiple perspectives. Our team uses that unique experience to our client’s advantage when strategizing the most effective criminal defense for the client.
During your consultation with our office, we will be better able to give you an overview as to options which may be available depending on the facts and circumstances surrounding your case. Consultations are always FREE and there is no obligation. Flexible payment options are also offered as a courtesy to our clients. We look forward to meeting with you and have the opportunity to be your sword & shield!
"Mr. Fried and his staff were impeccably professional and knowledgeable. They were patient and answered all of my questions, and I received prompt responses to all calls and emails. I also appreciate how well they explained the legal proceedings of my case to me. Thanks to their efforts, my case was resolved with a favorable outcome. Overall, I am very pleased with the quality of service I've received and would absolutely recommend this firm."
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