An assault arrest in Queens usually means hours in custody before you see a judge at Queens Criminal Court, where arraignments run every day of the week from 9:00 a.m. to 11:00 p.m. By the time you stand up, the DA's Intake and Assessments Bureau has already interviewed the complaining witness and the officers and decided what to charge, which is why the call you make first matters so much. Spodek Law Group P.C. owes loyalty to only you, and when you reach us at 212 300 5196 you begin with a risk-free consultation where you can ask us anything you want.
How the degree of assault gets decided in Queens.
Penal Law 120.00, assault in the third degree, is a class A misdemeanor covering physical injury caused intentionally, caused recklessly, or caused through criminal negligence with a deadly weapon or dangerous instrument, and it carries up to 364 days under Penal Law 70.15. Assault in the second degree under 120.05 is a class D violent felony, and assault in the first degree under 120.10 is a class B violent felony, so the gap between a misdemeanor and a violent felony often comes down to how the injury, the object and the intent are described in the charging papers. We go after those descriptions early, because the People have to prove every element of the degree they chose.
Strangulation counts that ride along with assault.
Queens complaints that mention a hand at the neck tend to pick up a Penal Law article 121 count, and the grading climbs quickly from there. Criminal obstruction of breathing or blood circulation under 121.11 is a class A misdemeanor built on pressure to the throat or neck, or blocking the nose or mouth, with intent to impede breathing, while strangulation in the second degree under 121.12 is a class D violent felony that requires stupor, loss of consciousness or other physical injury, and strangulation in the first degree under 121.13 is a class C violent felony tied to serious physical injury. Medical records and photographs decide which of those, if any, the People can actually prove.
Where your assault case will be heard.
Misdemeanor assault stays in Queens Criminal Court, where the DA's Criminal Court Bureau handles more than 10,000 misdemeanor cases a year and offers eligible low-level defendants anger management and other diversion. A felony count sends the case toward the Kew Gardens Courthouse and Annex, home of Queens County Supreme Court, Criminal Term, once the Grand Jury Bureau has presented it and one of the four Felony Trial Bureaus has taken over the prosecution. If you have a prior violent felony, the Career Criminal Major Crimes Bureau may handle the file instead, and that changes both the sentencing picture and the way we prepare.
