Facing Assault Charges in New York?

Seeking Immediate Counsel from a State Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Assault Charges in New York

Generally speaking, the government will charge you with a misdemeanor assault, pursuant to N.Y. Penal Law 120.00, if you cause physical pain to another. Indeed, many enhancements can apply, some of which may elevate your case to a felony assault, which will drastically increase your penalty. Some of these enhancements include use of a weapon, assaulting a peace or police officer, or engaging in a gang assault. An assault may also be elevated depending on the level of injury caused.

Regardless of whether you are facing a misdemeanor or felony assault, a creative and thoughtful defense attorney can find solutions to limit your exposure or potentially have your matter dismissed entirely. Certainly, there may be issues of self-defense or justification, which, if presented and brought to light in the correct manner, will serve to mitigate your criminal exposure. While the process can seem overwhelming and scary, delaying even a few days can be catastrophic. When your livelihood is on the line, you don’t want to take chances. In such cases, only an experienced assault attorney can help you.

Sentencing & Penalties in New York

If convicted, the penalties will vary based on the degree and classification of the charge and offense.

• Assault in the Third Degree is an “A” misdemeanor and could result in one year in the local jail, such as Rikers Island at the most, or lesser penalties such as probation, conditional discharge, fines, community service, and/or surcharges.
• Assault in the Second Degree is a “D” violent felony and is punishable by time in state prison – a presumptive mandatory two years up to seven years or five years probation.
• Assault in the First Degree is a “B” violent felony with a sentence of up to 25 years in prison and a minimum of five years in prison.

Again, the specific degree of assault will make all the difference when it comes to your potential sentencing. Here’s more information on assault sentences and penalties.

How We Fight Assault Charges in New York

There are various types of assault within the New York State Penal Code, all of which must be taken seriously. Any assault conviction, whether to a misdemeanor or felony, will impact your life and may entail prison time.

There are numerous ways in which an attorney can seek to defend assault charges with success. An extremely common and favorable defense is self-defense or justification. Our firm has handled numerous cases at the pretrial, grand jury, and trial level which have ended in a dismissal on self-defense grounds by showing that our client was reasonable and measured in their self-defense. Some key factors here include analyzing who the initial aggressor was, if any retreat to safety was available, and if reasonable force was used.

Another creative defense exists where we have shown that our client did not act with the required intent to carry out the charged assault. In many cases, reckless or negligent conduct which results in an injury may suffice as a complete defense when prosecutors have only charged an intentional crime.

Our firm has dealt with and successfully defended against numerous types of assault charges brought against our clients, including but not limited to: vehicular assault, gang assault, felony assault, assault of a peace or police officer, and sexual assault.

Your Defense Begins Now

If you are being prosecuted for any level of assault, hire an assault lawyer and seasoned defense attorney who will find creative solutions to counter these charges. Being charged with assault is only one small piece of the puzzle. What your defense attorney does afterwards, by way of investigation and mitigation, will increase your chances of successfully fighting these accusations and shape your future.

The sooner you put the case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome. We at The Law Offices of Jason Goldman can help.