Last Updated on: 17th October 2023, 10:57 pm

Queens Assault Lawyers: Your Guide to Assault Charges in Queens, NY

Dealing with assault charges in Queens can be scary. You may be facing jail time, fines, probation, or other serious consequences. But with an experienced Queens assault lawyer on your side, you can better understand the charges against you and build the strongest possible defense.

In this article, we’ll walk through the basics of assault charges in Queens. We’ll look at common assault crimes, penalties, and defenses. We’ll also share tips on finding the right lawyer to fight for you.

Assault Charges in Queens, NY

Queens County handles assault cases under New York’s Penal Code. Some of the most common assault crimes include:

• Assault in the Third Degree – When you intentionally or recklessly cause injury to another person. This is a Class A misdemeanor with up to 1 year in jail.
• Assault in the Second Degree – When you intentionally cause serious physical injury with a weapon. This is a Class D felony with up to 7 years in prison.
• Assault in the First Degree – When you intentionally cause serious physical injury with a deadly weapon or dangerous instrument. This is a Class B felony with up to 25 years in prison.

Other assault crimes include aggravated assault, assault on a police officer, and assault with intent to cause physical injury. Assault can also lead to civil liability for damages, like medical bills or lost wages.

Penalties for Assault in Queens

An assault conviction can lead to fines, probation, jail or prison time. Exact penalties depend on:

• Type of assault charge
• Criminal history
• Use of a weapon
• Extent of victim’s injuries

For example, a first-time misdemeanor assault may lead to probation or a short jail stay. But assault with a weapon can trigger years in state prison, even for a first offense.

Common Defenses Against Assault Charges

Skilled lawyers use a variety of defenses to fight assault allegations, like:

• Self-Defense – You used reasonable force to protect yourself from harm
• Defense of Others – You defended someone else from an assault
• Lack of Intent – It was an accident rather than an intentional act
• Misidentification – You were mistakenly identified as the assailant
• Intoxication – You were too impaired to form intent to harm the victim

Other defenses focus on discrediting the alleged victim and exposing lies or exaggerations in their claims.

An attorney can assess which defense strategies offer the best chance at beating your specific charges.

What to Expect at Your First Meeting with a Lawyer

The first meeting with your assault lawyer is crucial for starting to build your defense. At this consultation, the lawyer typically will:

• Review the formal charges against you
• Discuss the police report and prosecution’s evidence
• Get your side of the story and ask clarifying questions
• Explain your legal options and possible penalties
• Assess defenses that may apply to your case
• Discuss legal fees and payment options
• Develop an initial defense strategy

This meeting allows the lawyer to gain an in-depth understanding of your case. It also lets you assess whether you feel comfortable working with this attorney.

How Lawyers Investigate Assault Charges

After meeting with you, your lawyer will launch their own investigation. This can involve:

• Interviewing witnesses, like those who saw the incident or interacted with the victim after
• Gathering medical reports, receipts, videos, photos and other evidence
• Visiting and photographing the crime scene
• Researching the background of the victim and any prosecution witnesses
• Consulting with experts, like doctors who can interpret medical findings

This thorough investigation arms your lawyer with information to undermine the charges against you.

How Lawyers Negotiate with Prosecutors

Rather than immediately going to trial, your lawyer will first try negotiating with the prosecutor. This involves:

• Presenting weaknesses in the prosecutor’s case
• Highlighting any exaggerations or lies by the victim
• Describing mitigating circumstances surrounding the incident
• Proposing alternative resolutions, like reduced charges
• Reminding the prosecutor of the time and expense of trial
• Leveraging evidence gathered during the investigation

In many cases, skilled negotiations can lead to dropped or reduced charges. This spares you the risks of trial.

Why Lawyers File Pretrial Motions

Your lawyer may also file motions seeking to:

• Suppress Evidence – Exclude illegally obtained evidence
• Compel Discovery – Force the prosecutor to share their evidence
• Dismiss the Case – Argue there is insufficient evidence to proceed
• Sever Charges – Separate multiple charges into different trials

These motions can knock out incriminating evidence, get charges dropped, or set the stage for trial.

How Lawyers Prepare for an Assault Trial

Thorough preparation is key to success at trial. Your lawyer will:

• Spend extensive time reviewing evidence and reports
• Analyze the prosecutor’s witnesses and their expected testimony
• Prepare you to credibly tell your version of events
• Review your testimony to avoid any missteps on cross-examination
• Plan their cross-examination strategy to discredit the accuser
• Research and prepare expert witnesses that support your defense
• Craft compelling opening and closing arguments

This diligent preparation increases your odds of beating the charges at trial.