(Last Updated On: July 27, 2023)Last Updated on: 27th July 2023, 06:45 pm
NYC Assault and Battery Lawyers
Being charged with assault or battery can lead to devastating consequences in New York City. These offenses carry stiff penalties, including hefty fines and even years behind bars. However, with an experienced NYC assault and battery lawyer on your side, you can fight the charges and work toward the best possible outcome.
At the Spodek Law Group, our team of seasoned assault and battery attorneys have seen it all. We know how to meticulously examine the details of your unique case, identify potential defenses, and build an aggressive strategy to protect your future. With decades of combined experience under our belts, you can trust that we have the skills to take on the prosecution.
Common Assault and Battery Charges in NYC
Assault and battery laws in New York City cover a wide variety of offenses involving physical harm or intimidation. Some of the most common charges our NYC defense lawyers see include:
- Simple assault – When one person attempts or threatens to physically injure another person. Simple assault does not require actual physical contact.
- Aggravated assault – When one person intentionally or recklessly causes serious bodily injury to another person. Aggravated assaults often involve the use of a deadly weapon.
- Assault with a deadly weapon or dangerous instrument – Any type of assault using a weapon or object capable of causing serious harm.
- Battery – When one person physically, intentionally touches another person without their consent. The touching can be with any part of the perpetrator’s body or with an object.
- Domestic violence assault and battery – Assaults or batteries committed by an intimate partner or family member. Domestic violence charges carry enhanced penalties in NYC.
- Sexual assault – Unwanted sexual touching or sexual activity without the victim’s consent. Ranges from inappropriate groping to attempted rape.
These are just a few examples of the many assault and battery crimes that can land you in legal jeopardy in New York City. Even if you are facing less common charges, our seasoned NYC defense attorneys have the experience to handle your case.
Penalties for NYC Assault and Battery Offenses
The penalties for assault and battery convictions vary based on the severity of the offense and the defendant’s criminal history. Some general sentencing guidelines in NYC include:
- Simple assault – Up to 1 year in jail
- Aggravated assault – Up to 25 years in prison
- Assault with a weapon – Up to 7 years in prison
- Battery – Up to 1 year in jail
- Domestic violence – Mandatory jail time, up to 7 years in prison for severe injuries
- Sexual assault – Up to 25 years in prison
These offenses may also lead to a permanent criminal record, restitution payments to the victim, mandatory counseling or treatment programs, and orders of protection prohibiting contact with the victim. The consequences can completely derail your education, career, and family life.
Fighting Back with an Aggressive NYC Defense Lawyer
Fortunately, you do not have to face these charges without strong legal guidance by your side. With so much at stake, a seasoned NYC assault and battery lawyer can make all the difference.
An aggressive criminal defense attorney will thoroughly investigate your case, searching for weaknesses in the prosecution’s accusations and evidence. We leave no stone unturned as we build your defense strategy.
Your attorney will also negotiate firmly with the prosecution in pursuit of reduced charges or an outright dismissal. And if necessary, we will vigorously defend you through a jury trial.
An experienced NYC assault and battery lawyer can also help by:
- Challenging flawed witness testimony
- Suppressing illegally obtained evidence
- Asserting justification defenses where applicable
- Negotiating alternative resolutions that avoid a criminal conviction
- Navigating the complexities of domestic violence charges
- Securing expert witnesses to support your defense
With so many options to explore, the right lawyer makes all the difference.
The Attorneys at Spodek Law Group
At Spodek Law Group, clients benefit from our attorneys’ deep knowledge of NYC criminal law and reputation for unwavering defense. Attorney Todd Spodek has successfully defended thousands of clients against assault, battery, and other charges.
We offer personalized attention to each client while leveraging our experience from similar cases over the years. And we aren’t afraid to take on the prosecution when a trial is in our client’s best interest.
Our firm understands the devastating consequences of assault and battery convictions in NYC. We are dedicated to helping clients move forward with their lives unhindered by a damaging criminal record.
Don’t leave your future to chance. The attorneys at Spodek Law Group have a proven record of success in even the most challenging assault and battery cases. Contact our office at 212-300-5196 or through our website to schedule a free case evaluation.
Frequently Asked Questions about Assault and Battery Charges in NYC
What is the difference between assault and battery?
Assault occurs when one person intentionally threatens bodily harm to another, causing fear and apprehension. Battery occurs when one person intentionally makes physical contact with another person in a harmful or offensive manner. Battery requires physical touching whereas assault does not.
Can you press charges for assault without battery?
Yes, the threatened use of violence may constitute assault even if no battery takes place. Threats to physically harm another person may be charged as simple assault in NYC.
What happens if you punch someone in NYC?
Intentionally punching another person will likely lead to assault or battery charges. Battery charges are common when one person punches or hits another without consent. More serious assault charges may apply if the punching leads to substantial injuries.
Can you go to jail for slapping someone in New York?
Yes, slapping involves physical contact made with the intent to harm, offend, or provoke. These actions may lead to misdemeanor or felony assault or battery charges punishable by fines or jail time in NYC.
What is the difference between harassment and assault?
Harassment involves unwelcome words, gestures, or actions that annoy, alarm or cause substantial emotional stress. Harassment becomes assault when it includes threats or attempts to physically injure another person. Assault statutes focus on threats or acts of violent physical harm.
Should I hire a lawyer for an assault charge in NYC?
Yes, assault charges should always be addressed with the help of an experienced NYC criminal defense lawyer. An attorney can protect your rights, contest questionable evidence, negotiate reduced penalties, and design an overall defense strategy. With so much at stake, a lawyer is critical.
What are common assault defenses in New York?
Some possible defenses to NYC assault and battery charges include:
- Self defense – Using reasonable force to protect yourself or others
- Defense of property – Using reasonable force to prevent trespassing or theft
- Consent – Participation in an athletic event, medical procedure or lawful arrest may imply consent
- Mistaken identity – You were wrongly identified as the perpetrator
- False accusations – The alleged victim is lying or mistaken
An experienced assault lawyer can evaluate defenses that may apply to your case.
Should I accept a plea bargain for assault charges?
Whether to accept or reject a plea bargain depends on the specific terms offered and potential outcomes at trial. An NYC defense lawyer can carefully assess your options. In many cases, it may be beneficial to negotiate a plea bargain to avoid harsher penalties. But for some clients trial is the best option.
Facing assault or battery charges in New York City can be extremely stressful. But the attorneys at Spodek Law Group can help protect your future. We have successfully defended thousands of clients against similar allegations. Contact our office today at 212-300-5196 or through our website to get started with a free consultation. Our experienced assault lawyers are here to fight for the best possible outcome in your case.