Your Albany Assault Lawyer
Assault can often be a manipulative charge brought by an alleged victim in order to get back at you for something inappropriate you may have said to them the but should not have reached crate they didn’t like – but quite often – it is something that really shouldn’t reach criminal levels. Contact an experienced assault lawyer if you have been charged with the crime of assault, because this could very well be the case.
The term assault can be also confusing. “Accidental touching” can lead to assault while an “unintentional threat” can also lead to assault. Assault in New York does seem, however, to be a relatively straightforward criminal offense, but it is a difficult issue in the courtroom. Many intricate legal sections of the law can either point directly toward crime, or innocence. This is where we can help.
WHAT EXACTLY IS ASSAULT IN THE EYES OF THE LAW?
New York law classifies assault into three different “degrees” of a felony or misdemeanor offense, depending on circumstances and injuries. The difference between the two levels of criminal punishment involve the severity of injuries and whether the prosecuting attorney will consider a plea bargain.
Assault in the 3rd Degree is a misdemeanor offense which is punishable by up to one year in jail, but often involves an alternate sentence in which the person can avoid jail time. New York law requires the intent to inflict bodily harm and harm typically does occur. This crime often occurs in domestic violence cases or any other scenarios where one person causes physical injury to another.
Assault in the 2nd Degree is a Class D violent felony with a punishment range from 2 years in jail up to 7 years in jail. However, depending on circumstances, a judge can impose an alternative sentence where the person accused of the crime serves less jail time or even no jail time. Assault in the second degree typically occurs after one person intentionally causes serious physical injury to another or a person causes physical injury to another person with a weapon.
Assault in the 1st Degree is the most serious of the assault offenses and is punishable by up to 25 years in jail, the same level as attempted murder. Assault on a peace officer (including crimes against firemen, policemen, and emergency medical service personnel… Assault with a deadly weapon… Reckless assault involving a child… Vehicular assault
Gang Assault is another level of assault charges classified as a Class C Violent Felony. It is punishable by up to 25 years in jail depending on the severity of injuries to the person who is assaulted. One important thing to keep in mind is that gang assault does not require a street gang, but simply involves an assault committed by two or more people.
Many other states outside New York list separate offenses for assault and battery, which lead to complications in filing charges. However, in New York, assault covers both realms and most cases need to prove that injury did in fact occur.
Below is a list of counties we deal with extensively, building court relationships to foster success.
| Albany County NY Lawyer |
We handle all collection matters, including felonies and misdemeanors paying the utmost attention to the very smallest details.
Please contact us with any questions you may have at 518-283-1245.