Assault / Battery
ASSAULT UNDER NEW YORK LAW
Michael Joseph is a New York Criminal Defense Lawyer who has defended criminal cases involving allegations of assault in all of the New York metropolitan area Courts including New York City (Bronx, Queens, Manhattan and Brooklyn) Long Island, Rockland and Westchester including White Plains, Yonkers, Mount Vernon, Rye, Sleepy Hollow, Greenburgh, Elmsford, Valhalla, New Rochelle, Port Chester and Mount Kisco.
WAS THERE AN INJURY
If you have been charged with either misdemeanor or felony assault, you need an aggressive criminal defense lawyer. A very common defense to assault charges is a lack of an injury. Every criminal level of assault in New York requires some actual injury. Even the lowest level of assault under New York law requires that the victim receive an injury that causes the impairment of a physical condition or substantial pain. Assault charges are often overcharged and the District Attorneys and Police in Westchester and New York city are notoroious for claiming that a more serious injury occurred than was actually sustained. The level of injury is important because the level of assault or whether an assault even occurred depends on whether there was an injury and the degree of the injury. Merely hitting another person is not an assualt if there is no phsyical injury. The Courts in New York and Westchester have repeatedly dismissed cases where the injury alleged was not sufficient to establish an assault. Also our criminal defense attorneys have gotten numerous charge reductions by establishing that the claimed injury could not be sustained in many of the New York City and Westchester Courts.
The levels of injury under New York Law are as follows: “Physical injury” means impairment of physical condition or substantial pain.
“Serious physical injury” means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ
SELF DEFENSE AND JUSTIFICATION
As experienced New York Criminal Defense Attorneys we have won numerous acquitals based on the defense of self defense or justification. Assault cases are often brought by the loser of a fight. The old saying is the loser goes to the hospital and the winner goes to jail.
If you were threatened with physical force, you have the right to defend yourself against actual or perceived threats of violence. You also have the right to defend other people who are being attacked. In many cases, assault cases are emotionally driven and the complaining witness will want to get the accused so badly that they will exaggerate what happened, the extent of their injuries and will usually make inconsistent statements or claims that just are not supported by the evidence. Juries do not like overreaching and these inconsistencies are often enough to expose that the complaining person is lying. Our New York Criminal Defense Lawyers are experts in finding and exposing these inconsistencies. Motive is a critical factor that must be explored in every assault case.
The following is a summary of the criminal levels of assault in New York:
Assault in the Third Degree-Class A Misdemeanor: Intentionally causing a physical injury to another person or Recklessly causing a physical injury to another person; or with criminal negligence causing a physical injury to another with a deadly weapon or a dangerous instrument.
Assault in the second degree: Class D Felony:
- Intentionally causing a serious physical injury to another person, or
- Intentionally or Recklessly causing physical injury to another person with a deadly weapon or a dangerous instrument; or
- Intentionally preventing a police officer or firefighter, or a paramedic or traffic officer from performing a lawful duty, by releasing or failing to control an animal for obstructing lawful; or
- Intentionally causing unconsciousness or other physical impairment or injury to another person by administering without their consent, a drug or
- Causing physical injury to a person while committing or fleeing the commission of a felony,
- Being over eighteen years old and intententionally causing a physical injury or recklessly causes serious physical injury to someone less than eleven years old, or
- Being over eighteen years old intentionally causing physical injury to a person less than seven years old
- Causing injury on school grounds to a school employee
- Injuring various types of public employees including transportation workers.
- Intentinally causing physical injury to a person who is sixty-five years or older, (Except if the defendant is less than 10 years younger)
Assault in the first degree is a class B felony.
- Intentionally causing a serious physical injury to another person, with a deadly weapon or a dangerous instrument; or
- Intentionally disfiguring another person seriously and permanently, or destroying, amputating or disabinge permanently a member or organ of another?s body; or
- Under circumstances evincing a depraved indifference to human life, recklessly engaging in conduct which creates a grave risk of death to another person, and causes serious physical injury to another person; or
- In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant, causes serious physical injury to a person.
Gang Assault in the Second Degree- Class C felony:
Intentionally causing physical injury to another person and when aided by two or more people.
Gang Assault in the First Degree -Class B Felony:
Intentionally causing a serious physical injury to another person and when aided by two or more other people.
Aggravated Assault On A Police Officer-Class B Felony:
With intent to cause serious physical injury to a person whom he knows or should know is a police officer or a peace officer engaged in the course of performing his official duties, he causes such injury with a deadly weapon or dangerous instrument.
Our New York Criminal Defense Attorneys proudly serve the communities of New York City , including the Bronx, Queens, Manhattan and Brooklyn. Our Criminal Defense Lawyers also defend criminal cases in Long Island, Rockland and Westchester including White Plains, Yonkers, Mount Vernon, Rye, Sleepy Hollow, Greenburgh, Elmsford, Valhalla, New Rochelle, Port Chester and Mount Kisco.