Founding Attorney
Facing assault allegations in New York can be overwhelming, but you do not have to go through this alone. Acting quickly, understanding your rights, and working with an experienced New York criminal defense attorney can make all the difference in protecting your freedom and future. At Michael A. Arbeit, P.C., we are dedicated to providing a robust, strategic defense for clients facing these serious accusations.
Understanding Assault Charges in New York
Assault charges in New York vary in severity, depending on factors such as the extent of the alleged victim’s injuries, whether a weapon was involved, the defendant’s intent, and any prior criminal history. Below are the most common assault offenses prosecuted in New York:
- Assault in the Third Degree: Intentionally causing physical injury or recklessly causing physical injury. This is the least serious assault charge, but it still carries significant penalties.
- Assault in the Second Degree: Intentionally causing serious physical injury or causing injury with a deadly weapon. Penalties can include up to seven years in prison.
- Assault in the First Degree: Intentionally causing serious physical injury with a deadly weapon or to certain protected individuals, such as police officers. Penalties can include up to 25 years in prison.
- Reckless Assault of a Child: Causing physical injury to a child through reckless conduct.
- Vehicular Assault: Causing serious physical injury while operating a motor vehicle recklessly, often involving DWI-related offenses.
- Gang Assault: Acting with others to cause serious physical injury to another person.
- Sex Offenses: Includes offenses such as forcible touching, sexual abuse, and other criminal sexual acts.
- Assault on a Police Officer: Intentionally causing injury to law enforcement officers while they are performing official duties.
Possible Defenses Against Assault Charges
The defense strategy in an assault case depends on the specific circumstances. Some common defenses include:
- Self-Defense: If you reasonably believed you were in imminent danger and used only the force necessary to protect yourself.
- Defense of Others: Using proportionate force to protect someone else from harm.
- Consent: If the alleged victim willingly engaged in physical contact (e.g., during sports or agreed activities).
- Lack of Intent: If the injury was accidental and there was no intent to cause harm.
- Insufficient Evidence: If the prosecution cannot prove all elements of the charge beyond a reasonable doubt.
Legal Strategies to Protect Your Rights
A skilled assault defense lawyer may employ several strategies to challenge the prosecution’s case, such as:
- Examining physical evidence and forensic reports for weaknesses
- Challenging the credibility and reliability of witnesses
- Negotiating with prosecutors for reduced charges or alternative sentencing
- Presenting mitigating factors to reduce potential penalties
The Serious Consequences of an Assault Conviction
A conviction for assault in New York can have life-altering consequences, including:
- Jail or prison time
- Probation and court supervision
- Criminal record impacting employment, housing, and education opportunities
- Loss of professional licenses or certifications
- Immigration consequences for non-citizens
Because the stakes are so high, it’s critical to work with a defense attorney who understands New York’s assault laws and has experience navigating local courts.
Take Action Now: Protect Your Future with Michael A. Arbeit, P.C.
If you have been accused of assault in New York, every moment matters. The sooner you involve an experienced criminal defense attorney, the stronger your chances of building an effective defense. Michael A. Arbeit, P.C., is ready to investigate your case, challenge the evidence against you, and fight for the best possible outcome.
Contact us today for a confidential consultation and take the first step toward protecting your rights, your reputation, and your future.