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Staten Island Assault Attorneys

Understanding Assault Charges in Staten Island

Assault is not a simple crime, nor is it an acceptable crime. It has many means, and Staten Island law recognizes more than just one type of assault. It’s a complex charge, and anyone arrested for assault could face a myriad of charges depending on the type of assault they are charged with, their age, their previous criminal record, and many more factors. Once an arrest is made and someone is charged with assault, the best thing they can do is call a criminal defense attorney to discuss their case. With the right help, anyone can create a defense to help with dropped charges or a reduced charge depending on the overall circumstances of the case.

Types of Assault

What is Assault and What are the Penalties in New York?
As previously mentioned, there are various forms of assault anyone can face in Staten Island. They’re all dependent on the circumstances of the crime.

Assault in the first degree
Assault in the second degree
Assault in the third degree
Vehicular assault in the first degree
Vehicular assault in the second degree

Factors Affecting Charges

Dozens of factors play into the role of what happens when you are charged. The use of a weapon during assault changes the charges. The lack of a weapon affects charges, the intent affects the charges. Everything that happens when assault occurs is considered when charges are filed and decided upon.

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.
Taïko BeautyTaïko 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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Definition and Penalties

What is assault? The simple definition of assault is the physical attack on another person. It can be as simple as hitting someone in a parking lot for denting your car or as serious as hitting someone with your car to get revenge on them for cheating. Any form of assault is worthy of an arrest, charges, and potential punishments issued to you by a court of law.

First degree assault on someone is worth 3 to 25 years in prison and up to $5,000 in fines
First degree assault on a peace officer ups those charges to 10 to 30 years in prison and the same fine
Assault in the second degree is worth 3 to 7 years in prison and up to $5,000 in fines
Assault on a minor younger than 11 is worth 1.5 to 4 years in prison and up to $5,000 in fines
Assault in the third degree is worth up to one year in jail and a fine up to $1,000
All sentences can be increased based on whether a defendant has been charged and convicted of a felony at any time in the past 10 years.

Building a Defense Against Assault

A criminal defense attorney works to defend clients against the charges levied against them. It’s not always easy to defend an assault charge when a defendant has a prior charge on his or her record, but there is always a chance charges can be dropped or reduced.

Self-Defense

Self-Defense – Self-defense is a common defense used in cases where assault occurs. It’s not considered assault if a person is only defending themselves. Imagine a stranger decides to rob you on the side of the road, and you fight back. You hit the attacker in the face, cause a few bruises, or even break his nose. He might call the police and have you arrested for assault, but you were only defending yourself from his attack. This does not count as assault.

Defense of Others

Defense – It’s simple, but sometimes you must defend another person. For example, you are walking home from dinner one night when you see a man beating up a woman in the parking lot of the restaurant. She’s clearly helpless against his size, so you intervene and ask him to stop. He doesn’t, so you physically remove him from the woman to get him to stop. The police are called, you are arrested for assault, and you have a clear defense that you didn’t assault someone for any reason other than to save another person.

Lack of Intent

Lack of Intent – There are times when an injury occurs to another person without intent. Perhaps you tripped and fell into someone walking on the same street. They fell and were injured, and you were arrested. You tripped, and there was no intent to harm another person. This could be your defense in a case like this one.

Lack of Injury

Lack of Injury – If you’ve been arrested for assault but there were no injuries sustained by the person you were arrested for assaulting, your defense is simple. No injuries mean no assault occurred.

There are many instances in which a person is able to fully comprehend the severity of their assault charges without consulting a defense attorney. It’s imperative you do call a defense attorney to help you with your case. Otherwise, you might find there is nothing you can do to get off or reduce the charges brought against you. Staten Island laws are serious when it comes to assault, and a judge and jury will not hesitate to impose the maximum penalty to make a public example of someone.

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