In New York, being charged with assault is a serious matter, but having a prior conviction can make the situation even worse. Assault charges already carry heavy penalties, but when someone has been convicted of a crime before, the legal consequences can become more severe. The justice system in New York is designed to protect the public, and part of that mission includes punishing those who repeatedly break the law more harshly. Understanding how prior convictions can impact assault charges is important for anyone who may be facing these charges or has a criminal record. For legal assistance, Arthur L. Pressman, Attorney at Law, can provide the guidance you need to navigate these complex legal issues.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Assault Charges in New York
Assault in New York is classified into different categories depending on the seriousness of the injury caused and whether a weapon was used. The basic definition of assault is when one person causes injury to another person on purpose or through reckless actions. Assault can range from misdemeanor charges, where the injury might not be severe, to felony charges, which involve more serious injuries or the use of a deadly weapon.
The three main types of assault charges are third-degree assault, second-degree assault, and first-degree assault. Third-degree assault is the least serious, and it involves causing physical injury to another person without using a weapon. Second-degree assault is more serious, as it typically involves causing serious injury or using a weapon. First-degree assault is the most serious charge and involves causing serious physical injury with a weapon, or showing extreme disregard for human life. The penalties for assault can include jail time, fines, and probation. However, if the person charged with assault has a criminal history, these penalties can increase.
How Prior Convictions Impact Assault Charges
When someone is charged with assault in New York, the court looks at many factors to decide the severity of the punishment. One of the main factors is whether the person has a criminal record. Prior convictions can affect how the court views the new charges. If the person has been convicted of assault or other violent crimes in the past, the court may treat the new charges more seriously. This is because the justice system wants to prevent repeat offenders from causing further harm to society.
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.
In New York, repeat offenders can face enhanced penalties under the state’s laws. For example, if someone is convicted of assault and has a previous conviction for a violent felony, they may be classified as a “persistent violent felony offender.” This classification means that the person could face much longer prison sentences, even for crimes that might otherwise carry shorter sentences. The idea behind these harsher penalties is to send a message that those who continue to engage in violent behavior will face increasingly severe consequences.
Persistent Violent Felony Offender
One of the most important terms to understand when discussing prior convictions and assault charges is “persistent violent felony offender.” Under New York law, a persistent violent felony offender is someone who has been convicted of two or more violent felony offenses within a certain period of time. These convictions don’t necessarily have to be for assault. They can include other violent crimes like robbery, burglary, or manslaughter. Once someone is labeled as a persistent violent felony offender, they can face a minimum of 20 years in prison for their next conviction.
This classification applies even if the new crime they are charged with is less serious than their previous crimes. For example, if someone has two prior violent felony convictions and is now charged with third-degree assault, they could still be sentenced to a much longer prison term because of their status as a persistent violent felony offender. This makes prior convictions a key factor in determining how long a person might spend in prison for an assault charge.
Criminal Mischief in the First Degree Felonies versus MisdemeanorsRelated Videos
Aggravating Factors in Assault Cases
Besides prior convictions, other factors can also affect how serious the assault charge will be. Aggravating factors are things that make the crime worse in the eyes of the court. These factors can include the use of a deadly weapon, the seriousness of the victim’s injuries, or if the victim was a member of a protected group like children or elderly people. Prior convictions can act as an aggravating factor because they show a pattern of criminal behavior. This means that even if the current assault charge is not very serious, the fact that the person has a criminal history can lead to harsher penalties.
For example, if someone is charged with second-degree assault but has a history of prior convictions for violent crimes, the court may consider those prior offenses as an aggravating factor. This could lead to a longer sentence or even the possibility of being charged with a higher level of assault, such as first-degree assault, even if the current charge would not normally reach that level.
Case Results
Impact of Prior Convictions on Sentencing
In assault cases, sentencing is when the judge decides what punishment the convicted person will face. Prior convictions play a huge role in this process. In New York, sentencing for assault charges can vary greatly depending on whether the defendant has a criminal record. A person with no criminal record might face probation or a short jail sentence for third-degree assault. However, someone with prior convictions could face much harsher penalties.
Judges in New York are required to follow sentencing guidelines, but they also have some discretion when it comes to determining the final sentence. If the judge sees that the defendant has a history of criminal behavior, they may be more likely to impose a longer sentence. This is especially true if the prior convictions are for similar crimes, such as other violent offenses. For example, a person with a prior conviction for assault or another violent crime may be seen as a danger to the community, leading the judge to hand down a more severe sentence in order to protect the public.
Prior Convictions and Plea Bargains
Many criminal cases, including assault cases, do not go to trial. Instead, the defendant and the prosecution might reach a plea bargain. A plea bargain is an agreement where the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence. However, having prior convictions can make it more difficult to negotiate a favorable plea bargain. Prosecutors may be less willing to offer a lenient deal if the defendant has a history of violent crime.
For example, if a person with no criminal record is charged with second-degree assault, the prosecutor might offer a plea bargain where the person pleads guilty to third-degree assault in exchange for a reduced sentence. But if the defendant has prior convictions, especially for violent crimes, the prosecutor may be less inclined to offer a lesser charge. This is because the prosecutor will be concerned about the defendant’s criminal history and the possibility of future crimes. As a result, the defendant may face a tougher decision when it comes to accepting a plea bargain or going to trial.
Fighting Assault Charges with Prior Convictions
Although prior convictions can make an assault case more difficult to defend, it is still possible to fight the charges. A skilled attorney can help the defendant build a defense that takes their criminal history into account. One way to do this is by arguing that the prior convictions should not be considered in the current case. For example, if the prior convictions were for non-violent crimes, the defense might argue that they are not relevant to the current assault charges.
Another defense strategy might involve challenging the evidence in the current case. Even if the defendant has a criminal record, the prosecution still has to prove that they committed the crime they are currently being charged with. If the defense can show that the evidence is weak or unreliable, they may be able to get the charges reduced or dismissed.
The Importance of Legal Representation
Having a prior conviction can make assault charges in New York much more serious, but having the right legal representation can make all the difference. A lawyer who understands New York’s assault laws and the impact of prior convictions can help build a strong defense. They can negotiate with prosecutors, argue for reduced charges, and fight to protect the defendant’s rights in court.
When facing assault charges with prior convictions, it is crucial to work with an attorney who knows how to handle these complicated cases. Without proper legal representation, a person could face much harsher penalties, including longer prison sentences and higher fines.
If you or a loved one is facing assault charges in New York and has prior convictions, it is important to act quickly. The legal team at Arthur L. Pressman, Attorney at Law, is here to help. With extensive experience in defending assault cases, we will work tirelessly to ensure the best possible outcome for your case. Contact us today to discuss your options and let us guide you through this challenging time.