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Defending New Yorkers Against Criminal Assault Charges
If you have been arrested and/or charged with assault, it is important to get experienced legal representation. The Law Offices of Mehdi Essmidi P.L.L.C., founded by former New York City Prosecutor Mehdi Essmidi, provides skilled criminal defense in NYC for individuals accused of assault or any other criminal offense.
In New York, assault can be charged as a misdemeanor or felony offense. If you are convicted of misdemeanor assault, you could face up to one year in jail. If you are convicted of felony assault, you could face up to 25 years in prison.
If you have been arrested or charged with assault, don’t hesitate to contact The Law Offices of Mehdi Essmidi P.L.L.C. for a free consultation. With our experience and knowledge, we will fight to protect your rights and get you the best possible outcome in your case. Call us today!
What is Assault?
Assault in New York is defined as the intentional or reckless causing of physical injury to another person, or the intentional or reckless creation of a substantial risk of physical injury to another person. The specific degree of the assault charge (first degree, second degree, third degree, etc.) depends on the circumstances and severity of the offense.
New York Assault Laws
Assault in the Third Degree
Assault in the third degree is committed when a person intentionally or recklessly causes physical injury to another person, or causes physical injury to another person through criminal negligence with the use of a deadly weapon or dangerous instrument. It is the least severe form of assault in New York State but can still result in significant penalties if convicted.
Assault in the third degree is a class A misdemeanor.
Assault in the Second Degree
Assault in the second degree involves causing physical harm or injury to another person with intent or recklessness. It is a more serious charge than third-degree assault and can result in significant fines and imprisonment. The exact definition of second-degree assault in New York can vary, but typically it involves using a deadly weapon or the intentional or reckless causing of serious physical injury to another person.
Assault in the second degree is a class D felony.
Assault in the First Degree
Assault in the first degree in New York is a serious crime that is committed when a person intentionally causes serious physical injury to another person with the use of a deadly weapon or dangerous instrument or acts in a manner that creates a grave risk of death to another person. This form of assault is considered the most severe and is punishable by substantial prison time, fines, and other penalties if convicted.
Assault in the first degree is a class B felony.
Other Types of Assault
In addition to assault in the first, second, and third degrees, there are also other types of assault covered by New York State law. These include:
- Assault in the third degree
- Reckless assault of a child by a child daycare provider
- Reckless assault of a child
- Vehicular assault in the second degree
- Vehicular assault in the first degree
- Aggravated vehicular assault
- Gang assault in the second degree
- Gang assault in the first degree
- Assault on a peace officer, police officer, firefighter or emergency medical services professional
- Assault on a judge
- Aggravated assault upon a police officer or a peace officer
- Aggravated assault upon a person less than eleven years old
Orders of Protection in Assault Cases
An order of protection is often issued in assault cases, even before the accused is convicted. This can result in significant consequences, including being forced to leave one’s home, school, or place of business, surrendering firearms, and the potential for re-arrest if the accused is accused of violating the order.
Defenses Against Assault Charged in New York
There are several common defenses against assault charges in New York, including:
If the accused can show that they acted in self-defense, they may be able to argue that the assault was not committed with the necessary intent or recklessness to be considered a crime.
Lack of Intent
If the accused did not intend to cause injury or did not act recklessly, they may have a defense against assault charges.
If the accused was misidentified as the person who committed the assault, they may have a defense against the charges.
If the parties involved in the alleged assault consented to the conduct in question, the accused may have a defense against the charges.
If the victim made false accusations of assault, the accused may have a defense against the charges.
It’s important to note that the specific defenses available in a given case will depend on the facts and circumstances of the case, and the best way to determine available defenses is to consult with an experienced criminal defense attorney.
Contact Us For A Free Consultation
When you are facing the possibility of a conviction and significant penalties, it is important to have experienced legal representation on your side. At The Law Offices of Mehdi Essmidi P.L.L.C., our NYC criminal defense attorney understands the complexities of assault charges in New York and will aggressively defend your rights and fight for the best possible outcome. Contact us today for a free consultation. We look forward to helping you protect your rights and freedom.