New York Assault Attorney

Defending Against Assault Charges Throughout Manhattan, Nassau & Suffolk Counties

Our New York assault defense lawyers at Barket Epstein Kearon Aldea & LoTurco, LLP provide skilled and effective legal defense for those accused of and/or charged with assault in New York. Our team includes renowned New York criminal defense attorneys with over 200 years of combined experience across all areas of criminal law. As former prosecutors, public defenders, and judges, we understand the criminal justice system and how to thoroughly prepare your case and aggressively advocate for you, your rights, and your freedom. This diverse and extensive experience translates into better, swifter results for our clients.

Have you been accused of assault? Call Barket Epstein Kearon Aldea & LoTurco, LLP today at (888) 779-0267or contact us onlineto arrange a free initial consultation with our assault lawyers in New York. We serve clients across the tri-state area from offices in Huntington, Garden City, and Manhattan.

New York Assault Laws

Assault may be charged as a felony or misdemeanor in accordance with Article 120 of New York Penal Law. Penalties typically range from jail time to up to 25 years in prison, depending on mitigating or aggravating factors and the circumstances surrounding the alleged incident. Those convicted of assault also face steep fines, along with other criminal and societal consequences.

When is Assault Charged as a Felony in New York?

In New York, one may be charged with either felony or misdemeanor assault. Felony assault requires intent on the part of a defendant to cause serious physical harm to another human being. In New York, the crime of felony assault is classified as follows:

First-Degree Felony Assault – A defendant can be charged with first-degree felony assault:

• When he, she, or an accomplice causes serious physical injury to a person other than one of the participants while committing or attempting to commit a felony.
• When he or she uses a deadly weapon or another dangerous instrument to cause serious physical injury to an individual.
• When he or she seriously and permanently disfigures another person or destroys, disables, or amputates a part of a person’s body with the intent to cause such injury.
• When he or she engages in reckless conduct that creates a serious risk of death to another person and results in serious physical injury.

Second-Degree Felony Assault – A defendant can be charged with second-degree felony assault:

• When he or she intentionally causes serious physical injury to a person.
• When he or she uses a deadly weapon or dangerous instrument to intentionally cause physical injury to a person.
• When he or she interferes with the official duties of certain public officials.

What are the Penalties for Felony Assault in New York?

• First-Degree Felony Assault – First-degree felony assault in New York is classified as a Class B felony, and it carries a possible prison sentence of between three and twenty-five years.
• Second-Degree Felony Assault – Second-degree felony assault in New York can result in a possible prison sentence of between three and seven years. However, for certain defendants, such as those who aren't repeat offenders, it’s possible for a conviction of second-degree felony assault to result in an incarceration period of up to one year.

Felony assault in New York is a serious crime that can result in severe penalties. Therefore, if you’ve been charged with the crime of assault or felony assault in New York, it’s imperative that you engage the services of an experienced criminal defense attorney in order to achieve the best possible outcome in your criminal case. At Barket Epstein, our experienced New York assault defense attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective defense possible.

Contact Our Assault Lawyers in New York Today

Our highly skilled New York assault defense attorneys, who come equipped with a long track record of success both in negotiating favorable plea bargains and in reaching favorable outcomes in the courtroom, will fight tirelessly to ensure that your rights are protected. Our New York assault defense attorneys’ sheer amount of experience alone is sufficient to put us ahead of the competition in every way, but we top this with our commitment to your rights and freedom. Our firm stands ready to defend your interests.

Our firm is nationally recognized as a leader in the field of criminal defense, and we have successfully represented thousands of clients in Nassau and Suffolk Counties, Manhattan, and the entire tri-state area.

Additional Reading:

• LoTurco Wins Acquittal in Suffolk Assault Trial
• Donna Aldea Wins Reversal & Dismissal of Felony Assault Convictions

Frequently Asked Questions About Assault Charges

What Should I Do If I Am Arrested for Assault in New York?

If you are arrested for assault in New York, remaining calm and polite while interacting with law enforcement officers is crucial. Avoid making statements or answering questions without a lawyer, as anything you say can be used against you in court. Request to speak with an attorney as soon as possible and refrain from discussing details of your arrest with anyone other than your lawyer. Retaining legal representation early on can help protect your rights and provide guidance through the legal process. Remember, you are presumed innocent until proven guilty, and a skilled lawyer can work on your behalf to address charges and build a robust defense.

Can Assault Charges in New York Be Dropped or Reduced?

Yes, assault charges in New York can be dropped or reduced under certain circumstances. This outcome often hinges on the strength of the evidence, the credibility of witnesses, and the context of the incident. Lawyers may negotiate with prosecutors to achieve a favorable plea deal or present exculpatory evidence that weakens the prosecution's case. Alternative resolutions like pre-trial rehabilitative programs may also be considered, especially for first-time offenders. Each case is unique, and outcomes can vary widely, making it essential to have a seasoned attorney who can identify the best strategies for your specific situation.

How Does a Prior Conviction Affect Assault Charges?

If you have prior convictions, they can significantly impact your current assault charges, potentially leading to harsher penalties and sentencing if convicted. New York's legal system may view repeat offenses more unfavorably, which can influence both the prosecution's approach and the court's decisions. Disclosing any previous convictions to your attorney is critical as this information can help shape your defense strategy. An experienced attorney can work to minimize the impact of past convictions, potentially arguing for reduced charges or alternative sentencing options.

What Is the Difference Between Assault and Battery in New York?

In New York, the terms assault and battery are often used interchangeably, but in legal terms, they are distinct crimes. Assault typically refers to the intention or attempt to cause physical harm to another person. Battery, on the other hand, involves actual physical contact that results in harm or injury. New York law has consolidated these into various degrees of assault based on the severity and intent. Understanding these distinctions can be vital when seeking legal advice or building a defense.

Are There Defenses to Assault Charges in New York?

Yes, there are several defenses to assault charges in New York, ranging from self-defense and defense of others to lack of intent or false accusation. Establishing a credible defense requires a thorough investigation into the incident, collection of evidence, and identification of witnesses. The exact defense will depend on the circumstances surrounding the assault. A dedicated attorney from Barket Epstein Kearon Aldea & LoTurco, LLP can guide you in exploring these defensive avenues, ensuring that every possible angle is covered in pursuing a favorable outcome.

Contact Barket Epstein Kearon Aldea & LoTurco, LLP, today to get started on your defense with our New York assault attorney.