Long Island Assault Lawyers
The crime of assault is very serious in Long Island, New York. A person can be arrested on an assault charge for striking another person, but it’s important to note that there are three different degrees of charges that can be placed on the individual. Assault in the first, second and third degrees all have their own set of penalties. It’s important to have an experienced criminal defense lawyer representing you if you have been arrested for assault, no matter what its degree. Certain factors are considered in the specific degree with which a person is charged as well, such as if a deadly weapon like a gun was used during the assault offense.
What are the Different Types of Assault Charges in Long Island, New York?
There are many different kinds of assault charges with which a person can be charged. They include the following charges:
- Assault in the third degree or third degree assault – penal law 120.00
- Assault in the second degree or second degree assault – Penal Law 120.05
- Assault in the first degree or first degree assault – Penal Law 120.10
- Vehicular assault in the second degree – Penal Law 120.03
- Vehicular assault in the first degree – Penal Law 120.04
The prosecutor can decide which charge to place on the defendant based on a number of circumstances surrounding the incident. Things that are frequently considered in determining the charge include how severe the injury sustained by the victim, the attacker’s motivation and whether a weapon was involved. In many instances, a person who faces an assault charge will also face a secondary charge, such as harassment, menacing or attempted assault. Although the additional charge is a lesser one and does not increase the individual’s sentence, they are included to convict the defendant of a lesser offense in the event that the prosecutor is unable to prove the more severe charge.
Many criminal defense attorneys will try to encourage their clients to take a plea. However, it’s important that the defendant know all of the facts before agreeing to do so. Making a guilty plea often carries severe and long-lasting consequences, including a criminal record and occasionally an order of protection being placed against the individual.
The Degrees of Assault Charges in Long Island, New York
- Assault in the Third Degree: A person can be found guilty of assault in the third degree if he or she causes injury to another person either intentionally or due to negligence. This charge can also be placed on an individual if they are criminally negligent with a weapon. Typically, however, people receive this charge when there are only minor injuries, weapons were not involved and the victim is not a protected person. One of the most common examples of assault in the third degree involved fights between strangers. The charge is also frequently accompanied by lesser charges of attempt to assault, harassment and menacing.
- Assault in the Second Degree: Assault in the second degree is a crime that is considered a class D felony, which means the individual who is convicted of it receives prison time. A person receives this charge if the individual they attacked sustains serious injuries that pose a risk for disfigurement, impairment or death, used a weapon or “dangerous instrument” and the individual attacked was an official (such as a police officer), elderly person or a minor. If a weapon is involved, it doesn’t necessarily have to be used to cause the injury for the person to receive the second degree assault charge.
- Assault in the First Degree: To be charged with assault in the first degree, the individual must have had intent to harm the victim and intended to permanently disable or disfigure them. This degree of assault is considered a class B felony and is the most serious assault charge. A dangerous weapon is also involved in the attack on the victim.
What are the Penalties for the Various Degrees of Assault in Long Island, New York?
There are a number of penalties a defendant can face if they are convicted of the crime of assault in Long Island or anywhere else in the state of New York. The severity of their penalties depends on which degree of assault they are facing. Generally, the penalties for the various degrees of assault are as follows:
- Assault in the First Degree or Aggravated Assault on a Peace Officer: The individual can face anywhere from three to 25 years in prison for assault in the first degree or 10 to 30 years for aggravated assault on a peace officer. The person would also have a fine of up to $5,000.
- Assault in the Second Degree: Someone who is convicted of assault in the second degree would face a minimum of three years to a maximum of seven years in prison, plus a maximum fine of $5,000.
- Aggravated Assault on a Minor Under 11 by an Adult: If the individual is an adult who committed an assault on a minor under the age of 11, they would receive 1.5 to four years in prison and a fine of up to $5,000.
- Assault in the Third Degree: A conviction of assault in the third degree carries a one-year term in jail and/or a fine up to $1,000.
If you have been arrested for assault in New York, you need a skilled Long Island assault lawyer looking out for your best interests. Contact the Spodek Law Group as soon as possible to get in touch with an attorney
Assault is a serious allegation many people face each year in Long Island. Some people are falsely accused of assault by those who are looking for a quick payout, for custody of their kids, to hurt someone, or even because they mistakenly identified someone. Others are absolutely guilty of committing assault against a victim, and some people are facing very serious charges for their alleged crimes. If you’ve been arrested and charged with assault in Long Island, you must call criminal attorney to help you with your case.
What is assault?
Assault is a broad term that takes on different meanings in various situations. It’s typically described as a physical occurrence with another person, but the severity of the crime depends on several factors. One factor is the age of the victim, the other is the type of assault, and another factor is whether assault was intentional and planned in advance before it occurred.
There is no one way to define assault, to determine what kind of punishment a court of law might issue to someone who is charged with assault, or to determine how easy or difficult a case might be to prove. It’s all very specific, and that’s why you need a criminal attorney on your side when you are arrested and charged with assault.
Types of Assault
Long Island law recognizes various types of assault. Assault in the first degree is considered any injury intentionally caused to a victim with a weapon. It’s punishable with jail time and serious fines. Assault in the second degree is punishable by up to 7 years in a prison facility as well as fines. It’s defined as any assault in which serious physical injury was intentionally caused to another person, and the injury must be one that could cause death.
Assault in the third degree is any sort of intentional physical harm was caused with the use of a weapon that’s considered negligent. The injuries in this kind of case are usually minor, and the accused faces fines and up to one year in jail for his or her crimes.
The catalyst of any assault case in Long Island is the previous criminal history of the accused. If you are being charged with any form of assault and it’s not the first time, you will face heavier fines, longer prison sentences, and more serious consequences all the way around.
If the victim was a child, an elderly person, or someone with a disability that doesn’t allow them to fight back, it’s even worst on the person accused of this crime. Calling an attorney is the only way to guarantee you get the best defense the law has to offer. Handling a criminal case such as this without inside knowledge of the law is dangerous.
Defending Assault Charges
Our attorneys are well-versed in finding a way to defend you in court. One of the most common defenses against assault is self-defense. Were you merely trying to save yourself or someone else from imminent danger when you harmed another person? For example, were you only defending yourself when you caused injury to another person because you were removing that person from harming someone else?
A good example of this would be a child being attacked by an adult when you step into intervene, causing the attacker to suffer serious injuries. You didn’t intend to harm this person, but you did what you had to do to save someone’s life. Lack of intent is another defense. You didn’t intend for harm to occur, but it did. A good example of this is when you fall on top of someone and hurt them by accident. There’s also the defense of consent.
Were you involved in a wrestling match in which you both knew the risks involved? If the victim was injured, he or she knew it was possible and that’s the extent of that crime. Our attorneys can help you figure out a defense. It’s also common for the victim to misidentify the perpetrator, which is another good defense.
Being accused of assault can carry a long and hefty consequence if you are arrested, charged, and convicted. It might mean you spend time in jail. It might mean you face financial hardships, and it might cause you to have a criminal record. A criminal record makes it difficult for you to find a good job, it makes it difficult for you to live your life as a normal person, and it might mean jail time in which you lose years of your life.
It’s time to do yourself a favor and call a criminal defense attorney to help you get through this time in your life. If we can’t prove you did not commit any crimes, we can at least work on a reduced sentence in which you are able to find freedom much sooner. Call now and help yourself.