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Long Island Assault Lawyers

The crime of assault is very serious in Long Island, New York. A person can be arrested on an assault charge for striking another person, but it’s important to note that there are three different degrees of charges that can be placed on the individual. Assault in the first, second and third degrees all have their own set of penalties. It’s important to have an experienced criminal defense lawyer representing you if you have been arrested for assault, no matter what its degree. Certain factors are considered in the specific degree with which a person is charged as well, such as if a deadly weapon like a gun was used during the assault offense.

What are the Different Types of Assault Charges in Long Island, New York?

There are many different kinds of assault charges with which a person can be charged. They include the following charges:

  • Assault in the third degree or third degree assault – penal law 120.00
  • Assault in the second degree or second degree assault – Penal Law 120.05
  • Assault in the first degree or first degree assault – Penal Law 120.10
  • Vehicular assault in the second degree – Penal Law 120.03
  • Vehicular assault in the first degree – Penal Law 120.04

The prosecutor can decide which charge to place on the defendant based on a number of circumstances surrounding the incident. Things that are frequently considered in determining the charge include how severe the injury sustained by the victim, the attacker’s motivation and whether a weapon was involved. In many instances, a person who faces an assault charge will also face a secondary charge, such as harassment, menacing or attempted assault. Although the additional charge is a lesser one and does not increase the individual’s sentence, they are included to convict the defendant of a lesser offense in the event that the prosecutor is unable to prove the more severe charge.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Many criminal defense attorneys will try to encourage their clients to take a plea. However, it’s important that the defendant know all of the facts before agreeing to do so. Making a guilty plea often carries severe and long-lasting consequences, including a criminal record and occasionally an order of protection being placed against the individual.

The Degrees of Assault Charges in Long Island, New York

  • Assault in the Third Degree: A person can be found guilty of assault in the third degree if he or she causes injury to another person either intentionally or due to negligence. This charge can also be placed on an individual if they are criminally negligent with a weapon. Typically, however, people receive this charge when there are only minor injuries, weapons were not involved and the victim is not a protected person. One of the most common examples of assault in the third degree involved fights between strangers. The charge is also frequently accompanied by lesser charges of attempt to assault, harassment and menacing.
  • Assault in the Second Degree: Assault in the second degree is a crime that is considered a class D felony, which means the individual who is convicted of it receives prison time. A person receives this charge if the individual they attacked sustains serious injuries that pose a risk for disfigurement, impairment or death, used a weapon or “dangerous instrument” and the individual attacked was an official (such as a police officer), elderly person or a minor. If a weapon is involved, it doesn’t necessarily have to be used to cause the injury for the person to receive the second degree assault charge.
  • Assault in the First Degree: To be charged with assault in the first degree, the individual must have had intent to harm the victim and intended to permanently disable or disfigure them. This degree of assault is considered a class B felony and is the most serious assault charge. A dangerous weapon is also involved in the attack on the victim.

What are the Penalties for the Various Degrees of Assault in Long Island, New York?

There are a number of penalties a defendant can face if they are convicted of the crime of assault in Long Island or anywhere else in the state of New York. The severity of their penalties depends on which degree of assault they are facing. Generally, the penalties for the various degrees of assault are as follows:

  • Assault in the First Degree or Aggravated Assault on a Peace Officer: The individual can face anywhere from three to 25 years in prison for assault in the first degree or 10 to 30 years for aggravated assault on a peace officer. The person would also have a fine of up to $5,000.
  • Assault in the Second Degree: Someone who is convicted of assault in the second degree would face a minimum of three years to a maximum of seven years in prison, plus a maximum fine of $5,000.
  • Aggravated Assault on a Minor Under 11 by an Adult: If the individual is an adult who committed an assault on a minor under the age of 11, they would receive 1.5 to four years in prison and a fine of up to $5,000.
  • Assault in the Third Degree: A conviction of assault in the third degree carries a one-year term in jail and/or a fine up to $1,000.

If you have been arrested for assault in New York, you need a skilled Long Island assault lawyer looking out for your best interests. Contact the Spodek Law Group as soon as possible to get in touch with an attorney

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