Assault & Battery

Assault & Battery in New York

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In New York, assault cases can run from assault in the first degree, which carries a sentence of up to 25 years in prison and which is equivalent in seriousness to Attempted Murder to the less serious (but still very serious) assault in the third degree, which carries a sentence of up to one year in jail. While these cases are serious, they are often hard to prove, and an experienced New York criminal defense lawyer can often utilize multiple avenues from which to attack these cases.

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Assault cases often rely heavily on eye-witness testimony, which is recognized by most experts as imperfect. So, the identity of the perpetrator can be a significant issue in many assault cases. In addition, the defense of justification, more commonly known as self-defense, is a common defense that applies in many New York cases. Unlike affirmative defenses, self-defense requires that the prosecutor prove beyond a reasonable doubt that the accused was not acting in self-defense. That is to say that the prosecutor has the burden of disproving self-defense.

Orders of Protection in Assault Cases

Many, if not most, assault cases result in the issuance of an order of protection. This has its own substantial consequences to an accused person who is still presumed innocent until he or she is convicted. As a result of this order, however, the accused can be forced out of his home, school or place of business and be forced to turn in any firearms that he has, whether or not he needs those firearms for work. In addition, a victim can easily have the accused re-arrested by simply claiming that the the victim saw the accused near his or her school or place of business in violation of the order of protection.

Serious Charges Require a Serious Defense by an Experienced Criminal Defense Lawyer in New York

The seriousness of the injury that the victim sustained is one of the most important factors that will be considered in determining the level of assault with which a person will be charged and any plea offers that your criminal defense attorney will be able to negotiate. The level of injury itself can be difficult to prove, and there is substantial case law about the level of proof necessary to sustain various levels of injury.

When fighting an assault case, a skilled New York criminal defense attorney will often utilize the expertise of doctors or other experts to attack the prosecution’s case. The defense doctor can be utilized not only for his testimony, but also to review all of the victim’s medical records and help prepare the cross-examination of the prosecutor’s witnesses and doctors. Involving a lawyer early on can improve your chances of winning your case and walking free. Another significant factor in determining the level of assault is whether a weapon was used in the commission of the crime. If a weapon was used that fact in itself will often lead to higher assault charges even for a less serious injury.

Gang Assault

When a person i aided in an assault by two or people who are actually present at the scene of the assault and causes serious physical injury to someone they can face a charge of Gang Assault. A person can be charged with Gang Assault whether or not they are affiliated with or are a member of any gang. The charge can be brought just based upon the number of people present and the seriousness of the injury. Gang Assault can be charged as either a class “C” or class “B” violent felony offense both of which carry a mandatory minimum prison sentence.

Call Now for the Help You Need

If you or a loved one has been accused of an assault, you should contact a criminal defense attorney in New York as early as possible. Tilem & Associates, PC is ready to hear your side of the story. We can be reached by phone at 877-377-8666.