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Queens Assault Lawyers

Assault Charges: Understanding the Severity and Building a Strong Defense

Violent crimes carry with them a severe stigma. It’s not enough that the accused violated a law – he or she had to hurt someone at the same time. Assault is one of those crimes that people hear about, but with which many are not entirely familiar. If you have been accused of the crime, it’s time you begin to educate yourself on exactly what an assault charge can mean for you. There are several different types of assault, each of which carries its own unique set of penalties. Once you’re aware of what you might be facing, you’ll certainly understand why you need to contact a lawyer to start mounting a strong defense.

What is Assault?

Assault is a more complex crime than you might think. Indeed, what most people think of as assault really isn’t assault, according to the state of New York. As with all crimes, assault is very specific and must satisfy certain elements for an individual to be found guilty of the crime.

The crime of assault can be separated into a number of levels. What unites all of the levels of assault is that harm is caused to another person. It is reasonable, then, to consider assault to be the charge on which all other violent crimes are built.

Two types of assault, first degree and second degree, tend to require that the accused have the intention to cause harm. Third degree assault (and, in some cases, second degree assault) requires only that the accused acted in a negligent manner that was likely to cause harm to the victim. There is another crime, aggravated assault, that takes the elements of the other assault crime and adds the stipulation that the accused was using a weapon. No matter what the case, though, the important part is that some kind of physical harm happened to the victim due to the fault of the accused.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko BeautyTaĂŻko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Penalties for Assault in New York

As there are several different types of assault, so too are there several different penalties for those who are found guilty. The penalties can range within the charges themselves, leaving a wide range of possibilities for those who are found guilty.

If you are charged with third degree assault, the crime is classified as a misdemeanor. It is possible to receive up to one year in jail, but this usually doesn’t happen on a first offense. Instead, one can receive up to three years on probation. There are also often fines of up to one thousand dollars for those who commit third degree assault.

Second degree assault’s penalties are a bit more serious. Second degree assault is punishable by up to seven years in jail. This is a felony, and it can greatly impact your life once you are free. Like third degree assault, it also comes with potential probation time and fines.

First degree assault carries with it the most serious penalties. First degree assault carries with it a penalty of up to twenty-five years in prison. Probation is unlikely in these cases, but monetary fines are almost certain. This is a serious felony, one that can follow you for the rest of your life.

Once you’ve been found guilty of assault, you will be branded as a violent felon. This can stop you from getting a job, even if you’ve been released. It also carries with it penalties on being able to serve on a jury or being able to own a firearm. While assault may not necessarily seem like the most serious crime in the world, it is one that can follow you around even after you have satisfied the demands of the court.

Defenses to Assault

There are a limited number of affirmative defenses to assault. The accused can try to show that he or she was acting in self-defense or that he or she was under emotional distress. These defenses require that the accused prove that his or her actions were undertaken only under those circumstances.

The more likely defenses involve a lawyer proving that the accused’s actions didn’t actually satisfy the requirements of the charge. They can show that he or she didn’t intentionally or negligently cause the action or that the harm caused to the victim didn’t rise to the level required by the statute. These defenses are far more common and only require that the defense raise a reasonable doubt to the prosecution’s argument.

Assault is a very serious crime. If you have been accused of it, it is important that you contact an attorney as soon as possible. You might spend years or even decades in jail if you are convicted and that might only be the start of your problems. Always make sure to work with a good attorney if you are accused of a crime – your future might depend on it.

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