Assault Charge - Any assault charge in New York is very serious. Penalties for various levels of assault range from simple probation to several years in prison, and anyone facing this charge should contact an experienced New York criminal defense attorney as soon as possible.
New York State, like many other states, divides assault crimes into different levels depending on what happened in the incident. Aggravated assault is defined as the accused causing physical harm to another person. Higher-level assaults with higher penalties require the defendant's intent and, in some cases, the use of a deadly weapon, the age or mental capacity of the victim, and whether the victim is a police officer. . Law enforcement officer. Only an experienced New York criminal defense attorney can help you distinguish the key facts of your case and help you succeed in court.
Assault Charge
In first and second degree assault cases, the prosecutor must prove that the defendant specifically intended to cause great physical harm to the victim. Assault in the first degree and second degree must be proven beyond a reasonable doubt. In such a situation, your experienced criminal defense attorney will be able to mount defenses in your favor, such as self-defense, etc., which will prevent the prosecution from meeting this high burden. We are the best criminal lawyers in New York.
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Some lower-degree, third-degree, and some second-degree assaults require the prosecution to prove only that the defendant was reckless with a dangerous weapon or was criminally reckless with a dangerous weapon. They do not have to prove that the defendant intended to harm. Although these lower levels have a lower threshold of proof, they still carry fairly severe penalties. You should trust a New York assault lawyer who has tried several of these cases to ensure that you do not receive an unfair sentence. The law firm of Bukh Law Firm, PLLC has experienced and excellent criminal defense attorneys who can do just that.
In New York, aggravated assault is the most extreme degree of assault, which consists of attempting to cause serious injury, attempting to have sexual intercourse with someone under 14, or attempting to inflict bodily injury with a deadly weapon. This charge is usually accompanied by AGGRAVATED BATTERY and doubles the chances of conviction at trial. People charged with aggravated assault are not murderers, and even though they made very bad decisions, they are not compensated.
Aggravated assault in New York is a very serious crime, and anyone charged with it should have the best New York criminal defense attorney by their side throughout the process. A two-item assault constitutes an "aggravated" assault:
A defendant charged with aggravated assault should contact an experienced law firm such as The Buch Law Firm, PLLC, known for its success in criminal defense in such serious cases. With severe penalties, you don't have to stand alone against these types of crimes, our experienced criminal defense is able and ready to help and can be contacted 24 hours a day.
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This level of assault includes the elements that the defendant intended and did injure the victim; Recklessly inflicted injury on the victim, or recklessly inflicted injury with a dangerous weapon or "instrument". This is a Class A misdemeanor and the maximum penalty will be a fine and one year in jail.
In a third-degree assault case, the conviction was as simple as the defendant punching the victim in the face. The trial court found, and the Court of Appeals agreed, that such physical injuries caused the victim sufficient pain to rise to the level of third degree assault. The accused announced his intention before hitting the victim. He was sentenced to 15 days in prison. People v. Lang, 2011 NY Slip Op 01329 decided on February 22, 2011.
This can be charged with a more serious type of assault when the accused inflicts injury and intends to cause serious physical injury; when the injury is caused by using a dangerous weapon and is calculated to cause serious physical injury; and finally, to injure with a dangerous weapon used with caution. This is a Class D felony and is punishable by up to 7 years in prison. Another important issue is that the accused will now be convicted of a crime that will create a permanent criminal record.
In the instant case, the factual testimony stated that the accused had spent many hours beating his girlfriend. According to the court, he "slapped, beat and choked her, beat her with a belt and a metal broomstick, pulled a lock of her hair and tried to pull out her tongue". He was obviously injured and sent to the emergency room. Although the defendant appealed, the Court of Appeals dismissed it because it felt there was sufficient evidence to warrant a 7-year prison sentence for second-degree assault, with 5 years of supervised release. People v. Davenport, 58 BC 3d at 892. Highly rated criminal defense attorney Arkady Bux has a long history of representing clients charged with serious federal and state crimes in New York.
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Of course, this is the most serious level of assault charges. In order to be charged, the defendant must intend and achieve serious physical injury; is intended to permanently disfigure, destroy or disable someone; He acted recklessly with extreme indifference to human life, causing danger of death and causing grievous bodily harm, and finally causing grievous bodily harm to the offender or while fleeing after committing such offence. This is a Class B felony and carries a penalty of up to 25 years in prison.
The facts of this case show that the accused was arrested after stabbing his mother several times. He survived the attack, and therefore the defendant was convicted of first-degree assault, among other charges, and sentenced to 15 years in prison. It is clear that he had a dangerous weapon and intended to seriously injure his mother, and appeals have upheld his conviction. People v. Toure, 2012 NY Slip Op 2530, decided April 5, 2012.
As statutes, debates and case examples show, any type of assault charge is serious business in New York. Anyone charged with assault cannot do it alone, they need the support and representation of the best criminal defense team around, and that would be the law firm of Bukh Law Firm, PLLC. We are attorneys who will believe your version of the facts and build the best defense for any assault charge. Each client is an individual case that is very important to us, and each client receives the best legal representation we can provide, and that is the best in New York. We will do our best to get your case dismissed so that no criminal record follows you, but if that doesn't happen, our experienced attorneys will successfully represent you in court. We are with you all the way.
We know that a problem can happen at any time, so we are available 24 hours a day to help you with your situation. The general public has little mercy or leniency for those facing such charges. Therefore, it is extremely important that people charged with these types of crimes get immediate legal advice from a New York City assault lawyer who can ensure that they are treated fairly under the law. Below are the various assault charges that differentiate the types and number of penalties that can be imposed on a person if convicted of the crime. When it comes to assault charges, there are five main types of charges that a person can face, all of which have penalties that can have a serious impact on one's life.
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The attorneys at Sodhi Law Group know all too well what can happen if a person is convicted of harassment, including the severe consequences a person can face. Fortunately, with the help of a skilled attorney, those facing assault charges can have their charges reduced or dismissed entirely.
Assault comes in many forms, and the type of charge a person faces will depend on several factors, such as whether the violence was actually committed against another person and who was threatened or injured. The five main types of assault charges include:
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