New York Assault Defense Attorneys

Choose Jonna Spilbor Law For Exceptional Defense

In New York, individuals involved in a physical altercation may be subject to a range of assault-related criminal charges, which can vary from misdemeanors to felonies. These criminal offenses encompass a variety of offenses, each with distinct consequences, legal intricacies, and sentencing guidelines. It is crucial to engage an experienced New York criminal defense attorney early in your case to strengthen your defense.

Why Choose Jonna Spilbor Law?

• Around-the-clock availability for prompt response to your needs.
• Prompt return of all calls and emails.
• A wealth of experience from handling thousands of cases.
• A track record of successful outcomes.

Assault allegations are treated as severe offenses, and obtaining legal representation promptly after being charged is vital for the best chance at a favorable outcome. Call Jonna Spilbor Law at (845) 485-2529 to address any assault charges you may be facing.

The Elements of Assault Crimes in New York

Assault crimes in New York, like in many other jurisdictions, involve intentionally causing physical injury or the fear of bodily injury to another person. The specific elements of an assault crime in New York can vary depending on the degree and type of assault. Here are some common elements:

• Intent – Generally, to be charged with assault, the accused must have intended to cause harm or acted recklessly, knowing that their actions could harm another person.
• Physical Injury – Assault in the third degree (a common charge) typically requires proof that the defendant caused physical injury to another person. Physical injury is broadly defined and includes a wide range of injuries, from minor to more serious harm or death.
• Mental States – Different degrees of assault can have different mental state requirements. For example, first-degree assault often requires a higher level of intent, such as the intent to cause serious physical injury.
• Criminal Negligence – In some cases, a person can be charged with assault if they acted with criminal negligence. Criminal negligence means that they didn’t necessarily intend to cause harm but acted so careless or recklessly that their actions injured another person.
• Victim’s Consent – In some situations, if the victim consented to the physical contact or conduct that led to the injury, this might be a defense against an assault charge.
• Age and Vulnerability of the Victim – Assault crimes can be graded differently depending on the age or vulnerability of the victim. For example, assaulting a child or a vulnerable adult may result in more severe charges.
• Weapons or Instruments – Using a weapon or a dangerous instrument during an assault can elevate the charge to a higher degree or a separate crime.
• Location and Circumstances – The location of the assault and the circumstances surrounding the incident can also affect the charges and potential penalties.

It’s important to note that New York has different degrees of assault, ranging from first-degree assault (the most serious) to third-degree assault (less serious). The specific elements and penalties can vary for each degree, so it’s crucial to consult New York state law and seek legal advice if you are facing an assault charge or need more detailed information.

Understanding Assault Charges in New York

In New York, assault charges can vary widely, encompassing acts of violence or threats between individuals.

Consider the following assault crimes:

• Third-Degree Assault, a Class A Misdemeanor under Section 120 of the New York Penal Code
• Menacing a Police Officer, a Class D Felony under Section 120.25 of the New York Penal Code
• First-Degree Vehicular Assault, a Class D Felony under Section 120.04 of the New York Penal Code
• First-Degree Gang Assault, a Class B Felony under Section 120.07 of the New York Penal Code

Prosecutors evaluate factors such as the severity of physical or emotional injury to the victim, the motive behind the crime, and weapon use to determine the charges. Assault charges often accompany other charges like menacing or harassment to bolster the likelihood of a conviction if the primary assault charge is difficult to prove.

Contact Our New York Assault Attorneys Today

An assault charge can adversely affect your personal and professional life. If you or a loved one have been charged with any type of assault crime, a defense attorney at Jonna Spilbor Law can advocate for you in court. To schedule an initial consultation, call our office today at (845) 485-2529.