WESTCHESTER CRIMINAL DEFENSE ATTORNEY - THE CRIME OF ASSAULT IN NEW YORK
Riebling, Proto & Sachs, LLP are
Westchester Criminal Defense Lawyers who have defended numerous clients against allegations of
assault throughout the local and County Courts of Westchester, New York. In Westchester
those local courts include: White Plains, Yonkers, Mount Vernon, Rye,
Sleepy Hollow, Greenburgh, Harrison, Dobbs Ferry, Tarrytown, Peekskill,
Elmsford, Valhalla, New Rochelle, Port Chester and Mount Kisco.
FIRST QUESTION: DID THE COMPLAINTANT SUFFER AN INJURY?
One of the first issues that an aggressive criminal defense lawyer will
address, if you have been charged with either misdemeanor or felony assault,
is whether or not the alleged victim sustained a legally sufficient injury.
In fact, every criminal assault in New York, regardless of severity, requires
some actual injury.
misdemeanor assaults require that the victim suffer an injury which causes substantial
pain or the impairment of a physical condition. Since many assault charges
are filed prior to the police or the District Attorney’s Office
knowing the full extent or level of injury, many assault cases are often
Knowing and understanding the level of injury is important as the level
of assault or whether an assault even occurred is contingent on whether
there was an injury and the severity of the injury. It is a misconception
that someone can be charged with assault simply by hitting another person.
The criminal defense attorneys of Riebling, Proto & Sachs, LLP have
successfully defended countless clients by showing that the injury allegedly
sustained was not sufficient to establish the necessary element of the
charged crime of assault.
The New York criminal statutes define the different levels of injury necessary
A "Physical injury" means impairment of physical condition or
A "Serious physical injury" means physical injury which creates
a substantial risk of death, or which causes death or serious and protracted
disfigurement, protracted impairment of health or protracted loss or impairment
of the function of any bodily organ
SELF DEFENSE AND JUSTIFICATION
In addition to attacking the level of injury allegedly suffered, our experienced
Westchester Criminal Defense Attorneys have successfully defended clients
by asserting the defense of justification (or Self Defense).
Any individual threatened with physical force has the right to defend themselves
against actual or even a perceived threat of violence. Also, people have
the right to defend others who are being attacked.
When you or someone you know has been charged with assault, it is important
that you have the assistance of an experienced and accomplished criminal
defense attorney who will know how to investigate and develop the defense
of justification. In most cases, the fact of the altercation are critically
important as many alleged victims are driven by emotion or revenge. As
such, they are prone to exaggeration or even lying about what happened.
These types of “inconsistencies” in a complainant’s
story can lead to a jury finding their version of events unbelievable.
THE DIFFERENT TYPES OF ASSAULT IN NEW YORK DEFINED
Assault in the Third Degree: Class A Misdemeanor
Intentionally causing a physical injury to another person or recklessly
causing a physical injury to another person; or with criminal negligence
causing a physical injury to another with a deadly weapon or a dangerous
Assault in the Second Degree: Class D Felony
- Intentionally causing a serious physical injury to another person, or
- Intentionally or Recklessly causing physical injury to another person with
a deadly weapon or a dangerous instrument; or
- Intentionally preventing a police officer or firefighter, or a paramedic
or traffic officer from performing a lawful duty, by releasing or failing
to control an animal for obstructing lawful; or
- Intentionally causing unconsciousness or other physical impairment or injury
to another person by administering without their consent, a drug or
- Causing physical injury to a person while committing or fleeing the commission
of a felony,
- Being over eighteen years old and intentionally causing a physical injury
or recklessly causes serious physical injury to someone less than eleven
years old, or
- Being over eighteen years old intentionally causing physical injury to
a person less than seven years old
- Causing injury on school grounds to a school employee
- Injuring various types of public employees including transportation workers.
- Intentionally causing physical injury to a person who is sixty-five years
or older, (Except if the defendant is less than 10 years younger)
Assault in the First Degree: Class B felony
- Intentionally causing a serious physical injury to another person, with
a deadly weapon or a dangerous instrument; or
- Intentionally disfiguring another person seriously and permanently, or
destroying, amputating or disabling permanently a member or organ of another’s body; or
- Under circumstances evincing a depraved indifference to human life, recklessly
engaging in conduct which creates a grave risk of death to another person,
and causes serious physical injury to another person; or
- In the course of and in furtherance of the commission or attempted commission
of a felony or of immediate flight therefrom, he, or another participant,
causes serious physical injury to a person.
Gang Assault in the Second Degree: Class C felony
Intentionally causing physical injury to another person and when aided
by two or more people.
Gang Assault in the First Degree: Class B Felony
Intentionally causing a serious physical injury to another person and when
aided by two or more other people.
Aggravated Assault on a Police Officer: Class B Felony
With intent to cause serious physical injury to a person whom he knows
or should know is a police officer or a peace officer engaged in the course
of performing his official duties, he causes such injury with a deadly
weapon or dangerous instrument.
CONTACT AN EXPERIENCED WESTCHESTER CRIMINAL DEFENSE ATTORNEY
Since assault charges are incredibly serious, it is important to contact
a criminal defense attorney immediately to discuss the facts and learn
Contact Us at (914) 840-5104 for a