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Staten Island Assault Crimes Lawyer

Last Updated on: 2nd June 2025, 12:56 am

Staten Island Assault Crimes Lawyer

Staten Island assault cases operate in a prosecutorial environment thats fundamentally different from Manhattan or Brooklyn. The Richmond County District Attorney’s office – tucked away at 130 Stuyvesant Place – handles these cases with specific patterns,patterns that experienced defense attorneys recognize and leverage. Ferry terminal altercations create jurisdictional nightmares, especially when the incident starts on the boat and continues onto Staten Island property, creating questions about where the crime actually occurred. The 120th Precinct handles most North Shore incidents, while the 122nd and 123rd cover the South Shore — each precinct maintains different relationships with the DA’s office, different procedures for processing arrests, different timelines for forwarding evidence.

The assault charges themselves get classified under New York Penal Law Article 120, which breaks down into several degrees based on injury severity and circumstances. Third-degree assault – Penal Law 120.00 – thats your basic assault charge from bar fights on Forest Avenue, domestic incidents in Tottenville, road rage situations on the Staten Island Expressway. The physical injury requirement sounds simple but Staten Island judges apply it wildly differently. We’ve seen cases where bruising and swelling wasn’t enough for one judge, while another judge found physical injury based solely on a complainant saying their arm hurt for two days.Second-degree assault under 120.05 jumps to a violent felony when there’s serious physical injury or a weapon involved — and Richmond County prosecutors love charging this when incidents happen near schools, near parks, inside the Staten Island Mall.

First-degree assault charges show up in Staten Island at rates that dont match the borough’s overall crime statistics – we see more 120.10 charges per capita here than anywhere except the Bronx. Maybe its because Staten Island prosecutors know their jury pools, maybe its because certain judges have reputations for being tough on violent crimes, or maybe its the borough’s unique mix of dense urban areas near the ferry terminals and suburban neighborhoods everywhere else,creating different prosecutorial strategies for different parts of the island.

Evidence collection in Staten Island assault cases,it suffers from the borough’s geography and resource allocation. The NYPD precincts covering Staten Island – we’re talking about huge geographic areas with fewer officers per square mile than any other borough.Body camera footage disappears because officers dont always upload it properly, surveillance video from businesses along Victory Boulevard or Hylan Boulevard gets overwritten after 30 days because shop owners dont know to preserve it, and witness statements get taken by patrol officers who are rushing to their next call. Richmond University Medical Center and Staten Island University Hospital operate completely separate medical record systems – RUMC uses Epic, SIUH uses a different platform – and they dont communicate with each other,meaning medical records for the same incident might tell different stories depending on which hospital the complainant visited.

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The borough’s suburban layout creates specific evidence problems. Most assaults here happen in places without good camera coverage: residential driveways in Great Kills, parking lots behind strip malls in New Dorp, isolated sections of parks. Staten Island witnesses present unique challenges because everyone knows everyone – your complainant went to PS 52 with your defendant’s cousin, they work at the same Amazon warehouse, their kids play on the same Little League team. These connections,they create credibility issues that skilled defense attorneys exploit during cross-examination. We had a case where the complainant initially said they didn’t know the defendant, but social media showed them at the same wedding six months earlier.

Defense strategies that succeed in Staten Island courtrooms,they emerge from understanding both the evidence problems and the borough’s social dynamics. Self-defense claims resonate here because Staten Island residents – especially longtime residents – they understand protecting your property, they understand why someone might carry a weapon for protection, they understand how neighborhood disputes can simmer for years before exploding. When we argue self-defense to a Staten Island jury, we’re talking to homeowners who’ve dealt with problem neighbors, to parents who worry about their kids’ safety, to people who understand that sometimes the police take 20 minutes to respond to a call.

Pre-trial motions filed at 130 Stuyvesant Place succeed more often than the citywide average, particularly Huntley hearings challenging identification procedures. Staten Island judges – many live in the borough themselves – recognize when the 120th Precinct conducts a sloppy lineup, when detectives coach witnesses, when identification procedures dont follow proper protocols. Mapp hearings attacking search validity work too,especially when police claim they saw something in plain view but the geography makes that impossible. We won a suppression hearing last year by showing the judge Google Street View images proving the officer couldn’t have seen what he claimed to see from where he was standing.

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The ADAs handling assault cases in Staten Island, they rotate through assignments every 12-18 months, much faster than in Manhattan where prosecutors might handle the same types of cases for years. This rotation means the ADA at arraignment probably wont be the one at trial — creating leverage because the new prosecutor doesn’t know the case’s weaknesses as well. Plea offers in Staten Island start harsh – they’ll offer 2-4 years on a second-degree assault where Brooklyn might offer 1-3 – but these offers soften dramatically when trial approaches,especially once prosecutors realize their witness problems or evidence gaps.

Alternative sentencing programs exist here but theyre underutilized. The Richmond County Treatment Court takes certain violent felony cases if there’s underlying substance abuse. The domestic violence diversion programs operate differently than in other boroughs,with more emphasis on anger management than counseling. Getting into these programs requires knowing which judges believe in rehabilitation – Judge Rooney almost never agrees to treatment court, while Judge Ozzi regularly diverts appropriate candidates. Which ADA is handling the case matters too – some senior prosecutors won’t agree to alternatives under any circumstances, while newer ADAs might be more flexible.

Trial preparation for Staten Island assault cases,it demands understanding the specific dynamics of trying a case at 18 Richmond Terrace. The St. George courthouse feels different – smaller, more intimate, jurors and court officers often know each other. Jury selection from Staten Island’s pool of about 500,000 residents produces panels that skew older, more conservative, more likely to own property. These jurors,they view self-defense differently than a panel in downtown Manhattan would. They understand why someone might grab a baseball bat when confronted outside their home. They sympathize with defendants who were protecting family members.

Judge-specific preparation becomes crucial because Staten Island judges run their courtrooms with distinct styles. Judge Rooney in Part AR-1A maintains strict control – defense attorneys who arent prepared get embarrassed in front of their clients, objections better be on point, and dont even think about being late. Judge Ozzi in Part AR-2B runs a looser courtroom where creative defense arguments get more leeway, where you can develop themes through witness examination that other judges might shut down. Timeline expectations need adjustment too – Staten Island cases move on their own schedule, typically reaching trial 8-12 months after arraignment, giving defense teams time to investigate but not so much time that memories fade or witnesses relocate.

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Post-conviction realities for Staten Island assault defendants,they involve navigating systems that operate uniquely compared to other boroughs. Appeals from Richmond County go to the Appellate Division Second Department in Brooklyn Heights, and this court reverses Staten Island convictions more frequently than convictions from Kings or Queens counties. Maybe its because Staten Island cases have more procedural errors, maybe its because the Second Department scrutinizes smaller counties more carefully. Probation supervision happens at 350 St. Marks Place, where the officers know the borough intimately – they know which neighborhoods have gang activity, which families have ongoing feuds, which defendants are likely to violate based on where they live and who they associate with.

Employment consequences hit different in Staten Islands tight-knit communities. Construction unions that dominate employment here, they run deeper background checks. City jobs – sanitation, FDNY, NYPD civilian positions – they’re major employers and they scrutinize assault convictions carefully. A Manhattan defendant might find work easily despite a conviction, but in Staten Island your assault case becomes neighborhood knowledge,spreading through community Facebook groups, parent networks, local bars. Immigration consequences affect Staten Islands growing immigrant communities in specific ways – the Albanian community in Clifton faces different challenges than the Sri Lankan community in Tompkinsville, and federal immigration judges at 26 Federal Plaza have shown patterns in how they treat assault convictions from different Staten Island neighborhoods.

Our firm handles these cases throughout Staten Island. We maintain relationships with local attorneys who know the judges, understand the prosecutors, recognize which experts work well with Staten Island juries. Contact us at 888-997-5177 – we can evaluate your assault charges, explain realistic outcomes based on which judge you’re assigned to, and start building a defense that accounts for Staten Islands unique dynamics.

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Todd Spodek

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RALPH P. FRANCO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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