How Are Assault And Battery Charges Defined In New York?
Assault and battery is more of a civil term. In criminal cases, New York statutes charge people with assault. There is no criminal battery in New York. Under New York penal law, the definition of assault is intentionally striking another person, and causing injury to that person. Assault and battery are two different torts that are in civil cases, although there can be an overlap between the two. In terms of criminal cases, people are only charged with assault.
What Are The Different Levels Of Assault In New York?
Our Westchester criminal defense lawyers have extensive experience in defending all levels of assault cases. There are several different levels of assault. The most common type of assault charge that our White Plains criminal defense attorneys have seen throughout New York State is assault in the 3rd degree, and that is the definition that I just provided, where you have intentionally caused an injury to another person. There are more serious versions of assault, and they increase in terms of the conduct that the actor engages in, as well as the actual physical condition of the person assaulted. This means that if an individual assaults another person with a weapon, whether it’s a bat or some other type of weapon, that person has now committed assault in the 2nd degree, and that is a felony offense. Assault in the 3rd degree is a misdemeanor offense.
There are a number of different ways one can commit assault in the 2nd degree. You can cause serious physical injury, which is defined as permanent disfigurement or loss of function of a body part. It is a less common offense, but it is a much more serious offense that is taken extremely seriously by all the District Attorney’s offices throughout the state, especially in Westchester.
From assault in the 2nd degree, it moves up to assault in the 1st degree. Assault in the 1st degree occurs when somebody causes serious injury to another person, and they do so by the means of a deadly weapon or a dangerous instrument. The weapon could be a gun, a bat, a knife, or some other instrument along those lines. This is the most typical assault in the 1st degree type of charge that you will face.
What Factors Can Enhance Or Aggravate An Assault Charge?
The two basic factors that can enhance or aggravate an assault charge are whether a weapon was used, and the extent of the injuries that the victim suffered. If the victim suffered significant injuries, that is likely going to be a felony charge, or if a weapon was used, that is going to be a felony charge. In the instances where both a weapon was used and serious physical injuries resulted, that is going to be a more serious felony charge
What Are Some Alternative Sentencing Provisions Available To Assault Offenders?
Similar to drug cases, the District Attorney’s offices are trying to work with defense lawyers to create alternatives to incarceration for people who are accused of assault. One of the typical things that our Westchester criminal defense lawyers have negotiated in these types of cases are anger management programs. These programs vary, depending on your jurisdiction, in terms of length, intensity, and duration of the program, and whether it’s a group setting or individual setting. All of the various District Attorneys’ offices engage in anger management, or offer anger management programs, on both misdemeanors, and some less serious felony offenses.
Our Westchester criminal defense attorneys always engaged in negotiations to avoid incarceration. One possibility even for higher level assaults, is a probationary sentence where you are monitored by a court or monitored by the probation department, and you have to engage in certain treatment programs, one of which is typically an anger management program, and refrain from being arrested or engaging in any new crime.
Read on to find out about Assault Charges In New York. Call the law offices of Michael H. Joseph, PLLC for a FREE Initial Consultation at (914) 574-8330 and get the information and legal answers you are seeking.