Charged With Assault and Battery? New York Law Firm Will Fight for You
New York Lawyer with Law Enforcement Background Knows Investigations and Assault Law
Assault and battery, known as assault in New York, is the act of threatening an individual with violence and then actually causing him physical harm. Although other states call the threat of harm assault and the actual physical contact battery, there is no crime for battery in New York. The basic requirement for an assault conviction in New York is that the defendant caused physical injury.
Degrees of assault
Certain factors, such as seriousness of the injury, use of deadly weapons, and the mental status of the defendant determine the seriousness of the offense. In New York, there are three levels of assault charges:
- 3rd Degree Assault – a misdemeanor that applies when someone sustains a relatively minor physical injury, carries a maximum sentence of one year in jail and corresponding fines
- 2nd Degree Assault – slightly more serious than a 3rd degree assault charge, is considered a Class D violent felony, a potential seven-year prison sentence, and the lifetime label of convicted felon
- 1st Degree Assault – a Class B violent felony and the most serious general assault charge, carries a potential sentence of 25 years in prison
Burden of Proof
Concerning minor assault charges, the prosecution is required to show that the defendant had intent to cause physical injury based upon his acts, conduct, or the surrounding circumstances, but no specific intent needs to be proven. But for 2nd and 3rd degree intentional assault convictions, it must be proven that the defendant intended to cause serious physical injury beyond a reasonable doubt.
If you are facing assault charges in New York, it is very important that you get the advice of an experienced criminal defense attorney like Gerard V. Amedio, who can advise you of your options, ensure that you are treated fairly, and potentially reduce the charges or penalties to help obtain a better outcome. Call us at (518) 583-4123 or toll-free at 866-979-LOGA. We offer free initial consultations and 24 hour urgent availability.
