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Staten Island Assault Lawyers

By Spodek Law Group | June 30, 2017
(Last Updated On: August 2, 2023)

Last Updated on: 2nd August 2023, 01:32 am

Understanding Assault Charges in Staten Island

Assault is not a simple crime, nor is it an acceptable crime. It has many means, and Staten Island law recognizes more than just one type of assault. It’s a complex charge, and anyone arrested for assault could face a myriad of charges depending on the type of assault they are charged with, their age, their previous criminal record, and many more factors. Once an arrest is made and someone is charged with assault, the best thing they can do is call a criminal defense attorney to discuss their case. With the right help, anyone can create a defense to help with dropped charges or a reduced charge depending on the overall circumstances of the case.

Types of Assault

What is Assault and What are the Penalties in New York?
As previously mentioned, there are various forms of assault anyone can face in Staten Island. They’re all dependent on the circumstances of the crime.

Assault in the first degree
Assault in the second degree
Assault in the third degree
Vehicular assault in the first degree
Vehicular assault in the second degree

Factors Affecting Charges

Dozens of factors play into the role of what happens when you are charged. The use of a weapon during assault changes the charges. The lack of a weapon affects charges, the intent affects the charges. Everything that happens when assault occurs is considered when charges are filed and decided upon.

Definition and Penalties

What is assault? The simple definition of assault is the physical attack on another person. It can be as simple as hitting someone in a parking lot for denting your car or as serious as hitting someone with your car to get revenge on them for cheating. Any form of assault is worthy of an arrest, charges, and potential punishments issued to you by a court of law.

First degree assault on someone is worth 3 to 25 years in prison and up to $5,000 in fines
First degree assault on a peace officer ups those charges to 10 to 30 years in prison and the same fine
Assault in the second degree is worth 3 to 7 years in prison and up to $5,000 in fines
Assault on a minor younger than 11 is worth 1.5 to 4 years in prison and up to $5,000 in fines
Assault in the third degree is worth up to one year in jail and a fine up to $1,000
All sentences can be increased based on whether a defendant has been charged and convicted of a felony at any time in the past 10 years.

Building a Defense Against Assault

A criminal defense attorney works to defend clients against the charges levied against them. It’s not always easy to defend an assault charge when a defendant has a prior charge on his or her record, but there is always a chance charges can be dropped or reduced.

Self-Defense

Self-Defense – Self-defense is a common defense used in cases where assault occurs. It’s not considered assault if a person is only defending themselves. Imagine a stranger decides to rob you on the side of the road, and you fight back. You hit the attacker in the face, cause a few bruises, or even break his nose. He might call the police and have you arrested for assault, but you were only defending yourself from his attack. This does not count as assault.

Defense of Others

Defense – It’s simple, but sometimes you must defend another person. For example, you are walking home from dinner one night when you see a man beating up a woman in the parking lot of the restaurant. She’s clearly helpless against his size, so you intervene and ask him to stop. He doesn’t, so you physically remove him from the woman to get him to stop. The police are called, you are arrested for assault, and you have a clear defense that you didn’t assault someone for any reason other than to save another person.

Lack of Intent

Lack of Intent – There are times when an injury occurs to another person without intent. Perhaps you tripped and fell into someone walking on the same street. They fell and were injured, and you were arrested. You tripped, and there was no intent to harm another person. This could be your defense in a case like this one.

Lack of Injury

Lack of Injury – If you’ve been arrested for assault but there were no injuries sustained by the person you were arrested for assaulting, your defense is simple. No injuries mean no assault occurred.

There are many instances in which a person is able to fully comprehend the severity of their assault charges without consulting a defense attorney. It’s imperative you do call a defense attorney to help you with your case. Otherwise, you might find there is nothing you can do to get off or reduce the charges brought against you. Staten Island laws are serious when it comes to assault, and a judge and jury will not hesitate to impose the maximum penalty to make a public example of someone.

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