Assault Lawyer Queens

Assault Charges in New York

It is considered a criminal act in the state of New York to cause physical injury to a person either through intentional actions, recklessness or through criminal negligence. If someone is criminally charged with an act of this nature, they will be facing assault charges in NY and will be facing the penalties that are associated with a class A misdemeanor.

Should there be extenuating factors, it is important to realize that this criminal charge can easily be elevated. For example, as outlined in §120.01 of New York State law, it the reckless assault of a child under the age of 11 by a daycare provider is considered to be a class E felony. Similarly, the reckless assault of a child by shaking the child or slamming them and causing serious brain injury is classified as a class D felony.

Potential Defenses Against Assault Charges in NY

Just because you have been criminally charged with this crime does not necessarily mean that you will be criminally convicted. There are many different defenses that can be utilized in the attempt to protect one's self against a criminal conviction. By working with a knowledgeable New York City criminal attorney, you will be able to take the necessary actions towards pursing these avenues of defense to protect your legal rights and the possibility of getting the charges dismissed, the penalties reduced or even winning a successful verdict in a trial setting.

One of the most commonly utilized defenses against charges of assault in NY is self-defense. In many cases, a person may be accused of this offense who was only looking to defend themselves against having a crime committed against them. Similarly, it can be considered a criminal defense that a person was acting to defend their property. Another commonly utilized defense is that the assault occurred in a setting where both parties were consenting to the action.

What is the Difference Between Assault & Battery in New York?

Assault and battery, though mistakenly used interchangeably by many people, are actually quite different in nature. Though they share fundamentals in common, they are considered separate crimes with a completely isolated set of consequences. Both assault and battery involve one person inflicting intentional harm on another, and one can be charged with both at the same time. Assault and battery are often used in conversation with each other, though the difference between them is distinct.

Assault is any intentional act that causes another person to fear that he or she will suffer any physical harm, as placing another person in fear is an act worthy of punishment in itself. The purpose of this definition is so police officers can intervene before an assault actually takes place, as intention requires just as much culpability as following through with the act. However, this does not mean a simple threat can be considered assault, as the law protects people who say things in the heat of the moment.

Battery, conversely, involves an aggressor following through with his or her harmful intentions. If the guilty party physically strikes or harms the victim, it almost serves as an assault that was carried to completion. As you can see, distinguishing between these two crimes comes down to one detail: whether or not the aggressor’s plan or intent to harm was completed.

Get Competent Defense For New York Assault Charges

When you have your future on the line, it is highly encouraged that you do not hesitate to consult with a criminal defense lawyer from the legal team at Musa-Obregon Law PC. With over four decades of combined legal experience, the firm has proven time and time again that they can be counted on to handle the most complex of legal situations. You can be confident knowing that should you choose to work with them that you will have an advocate on your side that is fully prepared to go the distance for you.

We advocate on behalf of individuals throughout Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.