Understanding Assault Charges in NYC

Assault charges in NYC can carry life-changing legal consequences that require swift legal intervention on behalf of a qualified criminal defense attorney. Assault convictions come with legal consequences that extend far beyond the courtroom and are likely to change your life in many different ways.

Even a misdemeanor assault charge here in New York comes with a potential criminal record, which is likely to challenge your ability to find meaningful employment or housing. As such, the costs of retaining a qualified attorney remain small in comparison to the legal challenges you are facing.

Look to an attorney who can aggressively fight on your behalf and protect your best interests during this complex process. A free consultation call from a qualified attorney or law firm can not only help you better understand what’s at stake, but also how an attorney can assist in your case.

The Basics of Assault in New York

In New York, assault occurs when one individual intentionally or recklessly causes physical injury to another individual.

These criminal charges are determined by many factors, including an individual's intent, the severity of the resulting injury, and whether or not a weapon was used during the assault itself. Further, if an assault charge includes physical injury to law enforcement officers, firefighters, or paramedics, that too can influence the criminal charges and potential legal consequences.

It is also important to remember that in New York, the legal term "battery" is not used, and instead, the threat of harm and actual physical contact are consolidated under the legal term of assault. Instead, New York maintains criminal laws on what is known as menacing, which are charges related to the threat of physical violence that cause an individual to experience the fear of physical injury or death.

Aggravating factors can also influence your criminal case, resulting in additional legal consequences, including the victim's age, whether or not the assault was motivated by race, gender, or religion, or whether or not the assault was completed with the aid of others.

The Degrees of Assault in New York

In New York, the crime of assault is classified into third, second, and first-degree criminal charges, with third-degree assault considered a misdemeanor crime, while second and third-degree assault are classified as violent felony crimes. Each crime comes with its own unique set of legal consequences, and is articulated in detail by NY Penal Law Article 120. 

All three of these crimes come with the potential for jail time, a criminal record, and monetary fines. A conviction is life-changing, as the legal consequences are likely to follow you even after you have served your time in prison.

Possible prison time for assault charges here in New York:

• Third Degree Assault: Up to one year in jail and the possibility of probation.

• Second Degree Assault: Mandatory two years in prison, and possibly up to seven years in prison.

• First Degree Assault: A minimum of five years in prison, with a possibility of up to 25 years.

It is possible that you could face additional, related criminal charges to assault, including menacing, reckless endangerment, and harassment. These charges are also serious matters that should prompt a call to a qualified criminal defense attorney.

Steps to Take If You Are Charged With Assault in New York City

Keep in mind that every detail of what you say and do can be used against you. Here are some simple steps to take if you are facing assault charges in New York.

• Investigation: Should you be questioned or investigated by law enforcement regarding a potential assault, you should attempt to contact a criminal defense attorney as soon as reasonably possible. Explain to law enforcement, as politely as possible, that you are unable to answer any further questions until you have spoken to your attorney. You are not legally obligated to answer the questions of law enforcement, and the information you provide to them can be used against you.  

• Initial Arrest: If you are arrested by law enforcement, comply with their requests and remain polite through every interaction. Do not volunteer additional information to law enforcement, even if you believe your arrest is a misunderstanding. Instead, listen to your legal rights as they are read to you and confirm that you understand them.

• Booking: At this time, law enforcement will collect information about you, including your date of birth, name, and address, and will take your fingerprints and photograph. Should you be held in custody for an extended period of time, remain polite and calm as best you can.

• Questioning: Law enforcement may continue to question you in an attempt to gather more information to support their case. Refrain from providing additional information to officers and instead, tell  them that you need to speak with your attorney.

• Legal Intervention: When you are afforded the opportunity to make a phone call, ensure that your very first call is to a qualified criminal defense attorney. Should you not have the contact information of an attorney or law firm, request that a friend, neighbor, or family member contact an attorney on your behalf.

Consider that every detail of your behavior will be carefully documented during an investigation or arrest.

The Importance of Early Legal Intervention

Early legal intervention remains one of the most important factors in your case.

Your attorney can help you avoid self-incrimination, guiding you as to exactly how to respond to questions from law enforcement, helping you avoid legal missteps that can negatively impact your case. Your attorney will intervene and represent you as soon as you are arrested, representing your best interests and preserving time-sensitive evidence.

These steps could help you avoid the possibility of jail time or see your charges reduced. In other cases, an attorney can represent you during the bail process and begin to develop a defense strategy that is unique to your circumstances. The sooner you speak to an attorney, the better, affording them the time needed to properly represent you.

How An Attorney Can Help With Your NYC Assault Case

Assault charges remain highly delicate matters, requiring an attorney to develop a defense strategy that considers the many details of your case. There are times when your attorney can argue that you were acting in self-defense or argue the intent behind your actions. In other circumstances, your attorney will work directly with prosecutors to have your criminal charges reduced or negotiate a solution that avoids prison time. Your attorney can also ensure your legal rights are protected throughout every detail of the process, sometimes challenging the evidence against you and pinpointing times in which your rights were violated.

In the simplest way possible, a qualified attorney remains by your side during the resulting legal process, representing you during what is likely to be the most challenging chapter of your life. The legal system remains complex, and having an attorney to navigate the entire process for you can work in your best interests and help you move on from these criminal matters as best as possible.

The Costs of Exceptional Legal Representation

It should be no secret that the costs of qualified legal representation for assault charges are significant. They are, however, small in comparison to the lifetime of legal consequences you are set to face if you are convicted of assault in New York City. Should you be able to afford the services of a dedicated criminal defense attorney, you should retain their services.

Contact The Law Offices of Julie Rendelman Today

Look to take these matters seriously the moment you are arrested or investigated for assault, and never hesitate to contact an attorney who can begin the process of defending you as soon as possible.

The Law Offices of Julie Rendelman remain well-equipped to represent you in the event you are facing assault charges here in New York City. Our aggressive and proactive approach to criminal defense strategy is dedicated to preserving your legal rights and helping you avoid the many challenges associated with a criminal conviction here in New York.

Located in the heart of Manhattan, Julie Rendelman and her team maintain an impressive track record of favorable case results, offering personalized and dedicated representation focused on protecting your livelihood, career, and future. Julie Rendelman should remain your first choice as a NYC Assault Lawyer, capable of representing clients facing the most complex assault charges here in New York.

Our offices remain available at all hours, capable and willing to serve clients on short notice here in Manhattan and the surrounding boroughs. If you have been recently investigated or arrested for assault, you are welcome to call us directly at 212-951-1232.

We continue to represent clients just like you who are facing the incredibly overwhelming possibility of jail time. We are here to represent you through every detail. Don’t hesitate; contact us today and take part in an entirely free, no-obligation consultation call to learn more.

-30-

1565