At Spodek Law Group, we are often called upon to represent those that have been charged with assault and battery. A charge of this nature can occur when intention or reckless touching of another person happens. The laws for this type of charge are very complex. There are never any cases that are black and white. The legal thresholds when there is personal injury involved is not always clear.
There are many instances when a person is charged with assault when they were only trying to defend themselves. Perhaps, there was no real intent to injure the other person. Suffolk County is taking a stand on such behavior. If you or your loved one have been charged with assault or battery, then it is extremely important that you have a qualified lawyer to handle your case. We will carefully review the details of your case and help you to establish a legal defense to have the charges dismissed or reduced.
New York Laws On Assault Charges
There are three different levels of assault, according to the New York Penal Code. Each of these levels, assault in first, second or third degree, have unique elements. They also come with their own penalties. Here is the breakdown:
•Assault in the Third Degree
A third-degree assault charge occurs when a person does physical harm to another person. There must be some sort of injury to the body. This assault charge is defined by the N.Y. Pen. Law § 120.00. Additionally, a person can be charged with third-degree assault when they cause physical injury to another person, or they use a deadly weapon with criminally negligent intent.
•Assault in the Second Degree
When the assault is more serious in nature, then it may fall under a second-degree charge. This is when a person intends to cause serious physical injury to another person. There must also be injuries that are serious. Anyone who assaults a nurse, paramedic, police officer, firefighter, or another class of worker, they can be charged with a second-degree offense.
If the person who was assaulted is under the age of 11 and the one who does the assault is over the age of 18, then it is considered a second-degree charge. Also, if the person is over 65 years-of-age and the accused is at least 10 years younger than the victim, it falls under this classification.
•Assault in the First Degree
The most serious type of assault charges is those that fall under the category of the first degree. According to the N.Y. Pen. Law § 120.10, anyone who causes serious physical injury and uses a deadly weapon or other instrument is guilty of assault in the first degree. This charge comes when a person is deliberately trying to disfigure a person, or even permanently disable them.
In some cases, a third party may be injured during the altercation. If this is the case, then a first-degree charge applies. There may be more than one person involved in an assault and battery case, which makes it much more complicated to prosecute and defend. However, Spodek Law Group has the knowledge and training to handle these difficult cases.
Types of Assault Charges
There are many different types of assault and battery charges that the state of New York prosecutes, they are as follows:
•Assault On A Child
•Assault With A Vehicle
•Assault On A Judge
•Assault On A Medical, EMS, or Firefighter
•Assault On A Police or Peace Officer
We can help you to mitigate charges that you may face. Our law firm takes your matter seriously. We want you to know that we are working on your behalf and standing by your side.
Potential Defenses to the Crime of Assault
What works as a defense in one case may not work in another. Each defense must be customized around the specifics of the claim. Here are some of the most common defenses that we use:
•Degree of Injury Not Sufficient
•Search & Seizure Issues
•Coerced or Improper Statement / Admission
These defenses are general guidelines and only a small fraction of the defenses that can be used. Once you have a consultation with your attorney at the Spodek Law Group, they can tell you the best way to handle your case.
Consulting a Suffolk County Assault Lawyer
If you or a loved one has been charged with assault in any degree, you could face fines, jail time, prison, probation, and other serious penalties. Spodek Law Group is here to help. We are well versed in the law for Suffolk County. We want to help explain the charges to you as well as work to have the case against you dismissed or dropped. Do not try to handle this matter on your own. Allow a professional to assist in your defense.