Facing assault charges in New York is a serious matter that can impact many aspects of a person’s life. An assault charge means that someone is accused of harming another person, either physically or with the intention to cause harm. Even if the accused didn’t actually cause physical injury, threatening someone or attempting to hurt them could still lead to an assault charge. Understanding the different types of assault charges and knowing when to seek legal help is important for anyone in this situation. 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.
Understanding Assault in New York
Assault is considered a crime where one person causes harm, or tries to cause harm, to another person. There are different levels of assault charges in New York, and they are often based on how serious the injury was and whether a weapon was used. If the injury was minor and there was no weapon involved, the charge might be for a lower level of assault. However, if the injury was severe or a weapon was used, the charge could be more serious.
In New York, assault charges are separated into three categories: third-degree assault, second-degree assault, and first-degree assault. Third-degree assault is the least serious, but it is still considered a crime and can lead to penalties. Second-degree assault is more serious and often involves a greater level of harm or the use of a weapon. First-degree assault is the most serious, usually involving very severe injury or the use of a deadly weapon.
Arthur Pressman is who you want representing you in court. My son was pulled over and charged with 3 felonies and several misdemeanors. It was a terrible time, with my son arrested and taken to the holding center. I contacted Mr. Pressmant, and it wasn’t long before the felonies were dropped as were some of the misdemeanors. My son is now getting the help he needs. Mr. Pressman is highly respected in the court system. I am very thankful for what he was able to do. We felt like we were living a nightmare but things turned around and got better because of him. He is very professional but also a genuine nice person . I highly recommend him. J.N.O.
When Assault Becomes a Felony
In some cases, an assault charge can become a felony. A felony is a more serious type of crime, and the penalties for felonies are often harsher than for lesser charges. In New York, an assault charge may be a felony if the person being charged caused serious injury, used a weapon, or if the victim was a police officer or another type of public servant. Felony charges can result in longer jail time, higher fines, and more severe long-term consequences.
When facing a felony charge, it is important to understand that the stakes are much higher. Felony convictions can follow a person for many years, making it harder to find a job, rent a home, or get certain types of licenses. Because of the serious consequences of a felony assault charge, it is crucial to seek legal help as soon as possible.
The Importance of Intent in Assault Cases
One important factor in assault cases is the idea of intent. In order to be charged with assault, it must be shown that the person accused of the crime intended to cause harm or injury. This means that even if the person didn’t actually hurt someone, if they tried to or threatened to, they could still face assault charges. For example, if someone swings a punch at another person but misses, they could still be charged with assault because they intended to cause harm.
Sometimes, misunderstandings or arguments can lead to someone being charged with assault, even if they didn’t mean to cause harm. In these cases, it is important to have a lawyer who can explain the situation and help build a defense. Having legal representation can make a big difference in how the case is handled and what the outcome might be.
Criminal Mischief in the First Degree Felonies versus MisdemeanorsRelated Videos
Self-Defense and Other Defenses Against Assault Charges
In some situations, a person might have a defense against an assault charge. One of the most common defenses is self-defense. If someone acted to protect themselves from being hurt, they may be able to argue that they were not the aggressor and that their actions were necessary to avoid injury. Self-defense is a valid argument in many assault cases, but it must be proven that the person’s actions were reasonable given the circumstances.
There are other defenses that might apply to an assault charge as well. For example, if the person accused of assault was defending someone else, they might have a valid defense. Sometimes, the person being charged with assault may argue that they did not intend to cause harm or that the incident was an accident. Each case is different, and a lawyer can help determine which defense might be appropriate.
Penalties for Assault in New York
The penalties for an assault conviction in New York depend on the level of the charge and the specific circumstances of the case. For lower-level assault charges, the penalties may include fines, community service, or probation. However, even a lower-level assault conviction can result in jail time, especially if the person has a prior criminal record.
For more serious assault charges, the penalties are much more severe. In cases of second-degree or first-degree assault, the person convicted may face several years in prison. The exact length of time depends on factors such as the severity of the injury, whether a weapon was used, and whether the person has been convicted of assault or other crimes before. Felony convictions often carry longer sentences, and a person may also face large fines and other penalties.
Case Results
The long-term consequences of an assault conviction can go beyond just the legal penalties. Having a criminal record can affect many parts of a person’s life, from finding a job to maintaining relationships. Because the consequences are so serious, it is essential to seek legal help right away if you are facing assault charges.
When to Seek Legal Help for Assault Charges
If you are facing assault charges in New York, it is important to seek legal help as soon as possible. The earlier you get help from a lawyer, the better your chances of building a strong defense. An experienced attorney can review the facts of your case, explain the possible defenses, and guide you through the legal process.
Assault cases can be complicated, especially when there are questions about intent, self-defense, or other factors. A lawyer can help you understand what you are facing and what steps you need to take. They can also represent you in court, negotiate with prosecutors, and work to achieve the best possible outcome for your case.
It is also important to seek legal help if you believe you have been wrongly accused of assault. In some cases, misunderstandings, false accusations, or mistakes can lead to someone being charged with a crime they didn’t commit. A lawyer can help clear up any confusion and work to prove your innocence.
Even if you believe the charges against you are minor, it is still a good idea to consult with a lawyer. Any type of assault charge can have serious consequences, and having legal representation can make a big difference in the outcome of your case. By working with a lawyer, you can ensure that your rights are protected and that you are doing everything possible to defend yourself against the charges.
How a Lawyer Can Help in Assault Cases
When facing assault charges, having a lawyer by your side can provide several benefits. A lawyer can help you understand the charges against you and explain the possible consequences. They can also help you gather evidence, interview witnesses, and build a defense that is tailored to your specific situation.
In many cases, a lawyer can negotiate with prosecutors to reduce the charges or even get the case dismissed. This can be especially important if you are facing a felony charge, as reducing the charge to a misdemeanor can significantly lessen the penalties you might face. In some cases, a lawyer may be able to work out a plea deal that avoids a trial altogether, saving you time and stress.
If your case does go to trial, having a lawyer to represent you is essential. A lawyer can argue on your behalf in court, present evidence, and challenge the prosecution’s case. They can also help you understand what is happening during the trial and what to expect as the case moves forward.
If you are facing assault charges in New York, do not wait to get the legal help you need. The consequences of an assault conviction can be life-changing, but you do not have to face this challenge alone. Arthur L. Pressman, Attorney at Law, has the experience and knowledge to guide you through this difficult time. Whether you are dealing with a misdemeanor or a felony assault charge, having the right lawyer on your side can make all the difference. Contact Arthur L. Pressman, Attorney at Law, today to discuss your case and find out how we can help you protect your rights and your future.