Facing assault charges in New York can have a significant impact on a person’s employment. This is because both current and potential employers might have concerns about hiring or keeping someone with an assault charge, whether it’s due to legal requirements, safety policies, or company image. Understanding the effects of assault charges on employment is important for anyone dealing with this situation. The impact can depend on several factors, including the nature of the charge, the stage of the case, and specific employer policies. If you or someone you know is facing an assault charge in New York, understanding the potential consequences on employment can help in planning a proper response to protect future opportunities. At, Arthur L. Pressman, Attorney at Law, we are here to guide you through the legal process and help you navigate the complexities of your case.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
How New York Laws Treat Assault Charges
In New York, assault is taken seriously, and the laws classify assault charges based on the level of harm caused and whether a weapon was involved. An assault charge might range from a simple misdemeanor to a serious felony. Assault in the third degree, for example, is often considered the least severe, while assault in the first degree is much more serious. These distinctions matter when it comes to employment because felony charges tend to have a greater effect on job prospects than misdemeanors. Some employers might have policies specifically against hiring individuals with certain types of assault convictions, particularly those involving a felony charge. Understanding the severity of the charge is crucial, as it can determine how potential employers react.
The Impact on Current Employment
Assault charges can lead to immediate consequences in someone’s current job. New York is an at-will employment state, which means employers have the right to terminate employees for any reason, as long as it is not based on discrimination. Many companies have policies that do not allow employees to work if they are facing certain charges, especially those related to violence. If the charge is publicly known, the company might worry about its reputation or safety within the workplace, potentially leading to suspension or termination. Even without a conviction, being charged with assault can affect trust between an employee and their employer. In industries where safety or public image is important, an assault charge may lead to dismissal or a re-evaluation of the employee’s role. It is possible to negotiate with an employer to keep a job, but it depends on the company’s policies and how much they value the employee’s work.
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Effects on Background Checks and New Job Applications
Background checks are a standard part of most hiring processes. Employers may ask applicants to consent to a background check, which will reveal any pending charges, past convictions, or other legal issues. In New York, employers are generally allowed to consider criminal convictions during the hiring process, but they cannot automatically reject an applicant based solely on a conviction without considering other factors. The state follows the Fair Chance Act, which means that employers have to evaluate each case individually to see if a past conviction would actually interfere with job responsibilities. However, many employers may still hesitate to hire someone with an assault charge, especially if the job involves working with vulnerable populations, handling sensitive information, or maintaining a high level of trust and safety. The process of explaining the assault charge to potential employers can be challenging and may require a strategy to address the charge honestly while highlighting positive aspects of the applicant’s character and experience.
How Assault Charges Influence Certain Careers More Than Others
Certain careers are more affected by assault charges than others. For example, jobs in healthcare, education, law enforcement, and positions requiring special licenses may have strict rules about hiring or keeping employees with criminal records. In New York, many employers in these fields have policies against hiring individuals with violent charges, which includes assault. For roles in law enforcement or positions that require a high level of trust, an assault charge can be a significant barrier. In these cases, even a minor charge may be seen as a risk to the employer’s reputation and a potential liability issue. In fields that do not require direct contact with people or involve lower risk, such as certain types of office work, an assault charge may have a lesser impact, though it can still influence an employer’s hiring decision. Individuals facing assault charges who work in highly regulated fields may need to consider seeking legal advice or exploring alternative career paths, depending on the outcome of their case.
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Addressing Assault Charges with Potential Employers
For those seeking employment while facing or after resolving assault charges, how they communicate about the situation with potential employers can make a difference. In New York, applicants are often allowed to explain their charges and how they have worked to improve themselves since the incident. Some employers value honesty and may appreciate an applicant’s effort to acknowledge past mistakes while discussing lessons learned and steps taken to avoid similar issues in the future. The process of explaining an assault charge to an employer can involve preparing a thoughtful response that focuses on personal growth, professional skills, and other strengths that make the applicant a good fit for the role. Candidates may consider consulting legal or employment professionals to help prepare a strategy for addressing the assault charge effectively with employers to increase their chances of securing a job.
Possibility of Record Sealing and Expungement in New York
In some cases, individuals with assault charges may have the option to request record sealing or expungement in New York. Record sealing is a process that restricts who can access certain records. For those facing challenges with employment, having a record sealed can make a difference by limiting the information available in a background check. New York allows for some criminal records to be sealed, but the process can be complex and does not apply to all types of charges. Certain serious offenses, including some forms of assault, may not be eligible for sealing. An attorney can help determine if sealing or expungement is an option and guide individuals through the process. Having a sealed record may allow for more employment opportunities, as employers conducting background checks may not see the assault charge.
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The Importance of Legal Assistance in Minimizing Employment Consequences
Having a legal advocate can be critical when facing an assault charge that might impact employment. An attorney can help by defending against the charges, which could lead to reduced charges or even dismissal, depending on the circumstances. If the charges can be minimized, it may lessen the impact on the person’s employment. Additionally, an attorney can assist with other legal steps, such as filing for record sealing if eligible, providing guidance on handling job applications, or advocating for fair treatment in the workplace. Legal advice may help an individual understand their rights, including protections against discrimination based on a criminal record, and can provide them with strategies to minimize the long-term impact of an assault charge on their career. The right legal support can help someone manage the complex situations that arise with employment and assault charges, giving them a stronger foundation to move forward in their personal and professional life.
How Employers View Resolved Assault Cases
The outcome of an assault case plays a big role in how employers view a candidate. An acquittal or dismissed case has a much lower impact than a conviction. Many employers may see a resolved case as less of a risk, especially if there is evidence that the person has rehabilitated and taken responsibility. On the other hand, a conviction may be seen as a mark against the person, though the level of impact varies depending on the nature of the conviction, how long ago it occurred, and the job requirements. Some employers may be open to hiring someone with a past conviction if the person can demonstrate stability, skills, and reliability. Time also helps in reducing the effect of past charges. Over time, the record may become less of a barrier if the individual has shown personal growth and maintained good standing in other jobs.
Finding Support and Moving Forward After an Assault Charge
Facing an assault charge is challenging, especially when employment opportunities are affected. However, with determination and a strategic approach, individuals can rebuild their careers. Many people find success by focusing on personal development, building new skills, and seeking positions that align with their current circumstances. Some may benefit from joining community programs or support groups that offer career guidance, job training, or counseling to help individuals move forward positively. Networking and forming relationships with people who can vouch for their character and skills may also help in finding opportunities. With the right support, individuals facing assault charges can still achieve meaningful career goals and improve their employment prospects. Although the process may be difficult, it is not impossible, and taking proactive steps can make a positive difference.
If you or someone you know is facing an assault charge in New York and is worried about its impact on employment, consider reaching out to Arthur L. Pressman, Attorney at Law. With knowledgeable guidance and support, you can navigate this challenging situation and protect your employment opportunities. Arthur L. Pressman and his team understand the complexities of assault charges and their impact on jobs and will work to provide the defense and legal options needed to secure your future. Contact us today to start planning your path forward and protect your career from the lasting effects of an assault charge.