NYC Assault and Battery Lawyers

Assault vs. Battery in NYC

First, let’s clarify the difference between assault and battery. In New York, there is no criminal charge called “battery.” Instead, crimes involving physical attacks fall under the New York Penal Law’s definitions of assault.

• Assault – When one person intentionally or recklessly causes injury to another person. No physical contact is required. For example, threatening someone with physical harm.
• Battery – Physical, intentional, and unwanted contact with another person. This falls under NY assault laws.

Assault charges range from misdemeanors to serious felonies depending on the circumstances of the alleged crime. Factors like the extent of injury, use of a weapon, and intent all impact the criminal charges.

Degrees of Assault Charges in New York City

There are three degrees of assault charges in New York:

Third Degree Assault

The lowest level assault charge is third degree assault, a class A misdemeanor. This covers reckless assault resulting in physical injury to another person. It’s punishable by up to 1 year in jail.Example: Getting into a bar fight resulting in a bloody nose.

Second Degree Assault

More serious, second degree assault is a class D violent felony. It involves intentionally causing serious physical injury with or without a weapon. Second degree assault carries 2-7 years in prison.Example: Hitting someone with a baseball bat resulting in a broken arm.

First Degree Assault

The most serious charge is first degree assault, a class B violent felony. This applies when someone intends to and does cause serious physical injury using a deadly weapon or dangerous object. It carries a prison sentence of 5-25 years.Example: Stabbing someone with a knife, causing organ damage.As you can see, the level of intent, the extent of injury, and use of a weapon all impact the criminal charges and potential sentences if convicted. An experienced NYC assault lawyer can carefully examine the evidence and build the strongest defense against exaggerated or false allegations.

The Importance of a NYC Assault and Battery Lawyer

Facing assault charges without a lawyer is extremely unwise. The prosecutors have vast resources at their disposal. You need an aggressive lawyer on your side who knows how to fight back.A skilled NYC assault attorney will:

• Conduct a thorough independent investigation of what really happened.
• Find weaknesses in the prosecution’s case and exploit them.
• Challenge any unconstitutional police conduct that led to your arrest.
• Negotiate with the prosecutor for reduced charges or a dismissal.
• Take your case to trial if necessary, retaining expert witnesses to support your defense.
• Advocate for the lowest possible sentence if convicted.

Without a lawyer, you risk accepting unfair plea deals, getting convicted at trial, and receiving the maximum penalties. An assault conviction also carries long-term consequences like a criminal record that can reduce job opportunities and educational options.Don’t take that risk. Hire a lawyer to protect your future.

Conclusion: Don’t Face Assault Charges Alone

Being arrested for assault or battery in New York City is scary. The legal system is complex. The prosecutors are relentless. But you don’t have to face it alone.With an experienced NYC assault lawyer on your side, fighting for your rights, you can overcome the charges. A knowledgeable attorney levels the playing field, thoroughly investigates, exposes flaws in the prosecution’s case, negotiates with the DA, and takes your case to trial if needed.Don’t leave your future to chance. Work with a skilled assault and battery lawyer to build the strongest defense and get the best possible outcome for your unique situation. It’s well worth the investment to protect your freedom and criminal record.