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Last Updated on: 26th July 2023, 10:10 pm
Look, I get it. You’re finding yourself in a pickle, accused of assault and battery in New York City. I’m Todd Spodek from the Spodek Law Group, and I’m here to tell you that you’re not alone. Assault and battery is a serious charge here in the Big Apple, and it can lead to hefty fines and a lengthy vacation behind bars. Don’t worry though – there’s a raft of defenses that could make a world of difference, depending on the nitty-gritty of your situation.
Imagine this. The assault and battery case we’re dealing with isn’t a case of “wrong guy, wrong place”. There’s no mistaken identity or fundamental error. The elements of assault and battery do exist here. Seems a bit sticky, right? But there’s still a couple of trump cards we can play.
The most frequently used defense? Self-defense. There’s a certain criteria to make this defense stand, and it’s not as simple as screaming “He started it!” Here’s what you need:
1. A threat of unlawful force or harm against you.
2. You perceived a legitimate fear of harm.
3. You weren’t the instigator, and you didn’t cause any harm.
4. There was no feasible way for you to hotfoot it out of there.
Say, for instance, you’re Sally. Big, bad Eric, a total stranger, starts shouting at you and threatens to hurt you. You react out of fear, put Eric in his place and then book it. Self-defense might be a strong card for Sally to play.
But remember, self-defense is not a wild card. It has its limits. The force you use must be proportionate to the threat, and even if all boxes are ticked, you can still be charged if you go overboard. Picturing a grown man claiming self-defense against a 12-year-old girl? Doesn’t sound quite right, does it?
Defending others is another defense in our toolkit. The same rules as self-defense apply, but the difference here is you need to prove you perceived a real threat to someone else, prompting your actions.
Then there’s the defense of property. If you were defending your property, say from a home invasion or a pickpocket, it might be your way out. But be warned, the law can be a bit of a tightrope when it comes to the force used while protecting your property.
Consent can be a game-changer too. If someone willingly participates in an act, it can’t be classified as assault and battery. Think of two boxers agreeing to duke it out. As long as they’re following the rules, they can’t cry assault afterwards. Consent often steps into the ring in sexual assault cases.
Nailing the perfect defense can be a tough nut to crack. It needs intensive sleuthing and fact-finding. At the Spodek Law Group, we’ve got the smarts, the experience, and the boots on the ground to gather intel, analyze it, and sculpt an ironclad defense.
Assault varies from state to state, but generally, it’s seen as an unwanted intrusion
of someone’s personal bubble. Assault, battery, assault and battery – the terminology may differ, but one thing is constant. It doesn’t always require physical contact. The fear of harm is enough to slap you with a charge.
Felony assault is a different kettle of fish. It’s more serious than a misdemeanor charge, where a threat is enough to incriminate you. In New York, felony assault is either a Class D or the more severe Class B. For it to be a felony, there needs to be injury involved. A Class D felony assault or second-degree assault means the injuries are not severe. Class B or first-degree assault involves significant damages.
In a felony assault case, it needs to be shown that the injuries were intentional or due to recklessness. A dangerous weapon or instrument should be involved in either case. And don’t forget, physical injury doesn’t always mean the same thing everywhere. In NY, psychological trauma doesn’t cut it. It’s all about physical damage.
Intentional assault means you wanted to harm the victim, even if the one who got injured wasn’t your intended target. On the other hand, reckless behavior is where you ignored a significant risk, fully aware of its existence.
First-degree assault has four classifications, such as causing serious physical injury with a deadly weapon, causing permanent damage like disfiguring or amputating someone, engaging in reckless behavior leading to severe injury, or injuring someone while committing another felony.
Second-degree assault has a dozen scenarios, including harming someone performing a lawful duty or causing injury to an inmate.
Penalties depend on the severity of the crime, from a prison sentence to a fine or probation. In New York, felony assaults come with indeterminate terms. The judge can set the penalty within a range. Several factors influence the judge’s decision, such as whether you’re a repeat violent offender. A Class B felony could lead to a sentence of up to 25 years depending on how serious it is. Fines can’t exceed $5,000, and probation lasts five years.
Felony assault cases can get messy, with a whirlwind of variables in play. My expertise can be a real lifesaver here. I’ll dive deep into the facts and figure out the best defense for you. Some things, like prior convictions, could affect your case, but don’t fret. I’ve got an intimate knowledge of assault laws where the crime occurred, and that could help lessen the blow of your charges.
If you’re facing felony charges in NY, it can be quite a rollercoaster. Felonies are serious offenses that could result in substantial prison time if you’re convicted. You might also lose certain rights like the right to vote, owning firearms or opening a bank account.
The bottom line is, if you’re accused of committing a felony in New York, you will be prosecuted to the fullest extent of the law. That’s why you need a steadfast legal team in your corner. The Spodek Law Group has been fighting tooth and nail for New Yorkers like you since 1976. Our committed attorneys will tenaciously seek the best course of action for you, whether that’s reducing a felony charge to a misdemeanor, seeking a dismissal of the charges or mounting a rigorous defense in a criminal trial.
When you trust us with your case
, you get round-the-clock service. We assign two attorneys to every criminal case. So you’ll always have someone to call in an emergency. Our unwavering commitment to our clients is what sets us apart from other criminal law firms in New York.
At Spodek Law Group, we view our clients facing New York felony charges as people, not just cases. As a family owned and operated firm, we strive to make our clients feel like part of the family. Don’t face your felony charges alone. Let us be your guiding light in these dark times.
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