There are various types of assault within the New York State Penal Code, all of which must be taken seriously. Any assault conviction, whether to a misdemeanor or felony, will impact your life and may entail prison time.
Our firm has dealt with and successfully defended against numerous types of assault charges brought against our clients, including but not limited to: vehicular assault, gang assault, felony assault, assault of a peace or police officer, and sexual assault.
Generally speaking, the government will charge you with a misdemeanor assault, pursuant to N.Y. Penal Law 120.00, if you cause physical pain to another. Indeed, many enhancements can apply, some of which may elevate your case to a felony assault, which will drastically increase your penalty. Some of these enhancements include use of a weapon, assaulting a peace or police officer, or engaging in a gang assault. An assault may also be elevated depending on the level of injury caused.
Regardless of whether you are facing a misdemeanor or felony assault, a creative and thoughtful defense attorney can find solutions to limit your exposure or potentially have your matter dismissed entirely. Certainly, there may be issues of self-defense or justification, which, if presented and brought to light in the correct manner, will serve to mitigate your criminal exposure.
The specific degree of assault will make all the difference when it comes to your potential sentencing. A misdemeanor assault can carry up to one year in jail, while certain felony assaults can lead to over a decade in prison if convicted.
If you are being prosecuted for any level of assault, hire a former prosecutor and seasoned defense attorney who will find creative solutions to counter these charges. Being charged with assault is only one small piece of the puzzle. What your defense attorney does afterwards, by way of investigation and mitigation, will increase your chances of successfully fighting these accusations and shape your future.
The sooner you put the case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.