Have you recently been arrested for assault in Middletown, New York? Now is the time to start putting together your defense. A conviction for assault could have lasting effects on your reputation and your freedom.
Now is the time to seek the help of an experienced Middletown assault defense lawyer from Larkin Ingrassia Criminal Defense Attorneys. Contact us today at (845) 566-5345 or schedule your free consultation, and let us get started putting together a winning strategy for your case.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested for Assault in Middletown, NY
Assault charges in Middletown, NY are serious matters, and a conviction can result in significant fines and jail time. Additionally, assault convictions could limit your ability to get a job or cause you to lose custody of your children.
The team at Larkin Ingrassia Criminal Defense Attorneys has more than 50 years of combined experience in criminal law. We will work diligently to put together a defense to help you get the best possible outcome in your case. While we cannot guarantee a specific outcome, we will do everything we can to protect your rights and keep you out of jail.
Putting together a proper defense can be crucial to avoiding a conviction and maintaining your freedom. Let the team at Larkin Ingrassia Criminal Defense Attorneys go to work for you today and help protect your rights.
Some ways we can help if you are facing assault charges include:
- Reviewing all the details of the charges against you to determine whether they align with the facts of your case
- Investigating all the facts of the situation that led to your charges
- Interviewing witnesses who saw the alleged assault
- Gathering evidence that can help disprove the prosecution’s case
- Defending you against any potential personal injury lawsuits arising from the situation
- Working diligently to get improper evidence dismissed
- Negotiating a plea bargain or reduced charges with the prosecution
- Trying your case in front of a jury and introducing reasonable doubt to counter the prosecution’s claims
Although you have a right to a public defender, they are often overworked with loads of cases. Contact Larkin Ingrassia Criminal Defense Attorneys today and let us give you the personal attention you deserve when facing criminal charges. Call us now to speak to a Middletown assault defense lawyer who is ready to help protect your rights.
Overview of Assault in New York
An assault occurs in New York when someone intentionally causes physical injury to another. An assault may happen with or without the use of a weapon. For instance, punching someone and injuring them may be considered an assault. Likewise, stabbing someone with a knife could also be classified as an assault.
Like most violent crimes in New York, there are varying degrees of assault. Typically, the severity of the charges depends on the severity of the injuries caused by the assault. The charges can also be increased if a weapon was used or the assault occurred against a police officer.
There are generally three types of assault that may be charged in New York including:
- First-degree assault
- Second-degree assault
- Third-degree assault
Third-degree assault is classified as a misdemeanor, while first and second-degree charges are felonies.
Third-Degree Assault
According to the NY Penal Code, someone commits a third-degree assault when:
- With intent to cause physical injury to another person, they cause such injury to such person or to a third person; or
- They recklessly cause physical injury to another person; or
- With criminal negligence, they cause physical injury to another person by means of a deadly weapon or a dangerous instrument.
It is worth noting that more than mere harassment must be present for assault charges to apply.
Second-Degree Assault
Second-degree assault charges may be appropriate when someone intends to cause “serious” physical injury to another person and causes such injury. Additionally, it may occur when someone intends to cause physical injury and causes such injury with a deadly weapon or dangerous instrument.
Second-degree assault charges may also be brought when the victim is a protected victim.
Examples of protected victims include:
- Children
- Elderly individuals (over 65)
- First responders
- Train operators
- Sanitation workers
- Health care workers
- Other professional or government workers engaged in their official duties
Second-degree assault charges are a felony, and they carry penalties that are much more serious than third-degree charges.
First-Degree Assault
First-degree assault charges are the most serious of all assault charges. These charges may be brought when someone intentionally disfigures or disables another person seriously and permanently.
These charges can also be brought when someone:
- Causes serious physical injury with a deadly weapon or dangerous instrument
- Shows a depraved indifference to human life and recklessly engages in conduct that creates a grave risk of death to another person and that person is injured as a result
- Causes serious physical injury to someone else during the commission or attempted commission of another felony
There is no specific definition of “depraved indifference to human life” contained in the New York Penal Code. However, the court must consider the specific facts of the case to determine whether this threshold is met.
What Are The Penalties for Assault in Middletown, New York?
A conviction for an assault charge can carry some serious penalties. Even a misdemeanor assault conviction can result in fines and jail time. Specific penalties vary based on the specific assault charge you are facing.
Potential penalties for assault charges are as follows:
- First-degree assault: First-degree assault is classified as a Class B felony. You may face anywhere from 5 to 25 years in prison if convicted.
- Second-degree assault: Second-degree assault is classified as a Class D felony. Penalties for a conviction include a minimum jail sentence of 2 years up to a maximum of 7 years.
- Third-degree assault: Third-degree assault is classified as a misdemeanor. A conviction still results in a permanent criminal record. You could also face up to 364 days in jail, probation time, and fines up to $1,000.
If you are facing assault charges, you need the help of an experienced criminal defense lawyer who knows how to put together a proper defense. Contact the team at Larkin Ingrassia Criminal Defense Attorneys, and let us help protect your rights.
What Defenses Can Be Raised if I’m Accused of Assault?
Just because you are charged with assault does not mean that you are guilty of the crime. Defendants, unfortunately, face false accusations in court all too often. With the right defense strategy, you may be able to get an acquittal or even get your charges dropped. There are several defenses that may be raised for assault charges.
Self Defense
One potential defense to an assault charge is self defense or defense of others. You might be able to show that the alleged victim started the altercation. Remember that New York law only allows you to use as much force as is reasonably necessary to defend yourself. Use of too much force in a certain situation may go above self defense and still classify as assault.
Lack of Intent
Assault charges require an intent to do harm to another person. If you accidentally harm another person, an assault charge would not be appropriate. While you could still be held liable for their injuries, you may face reduced charges or only civil penalties.
Improper Identification
One defense strategy is to create reasonable doubt that you were not the person responsible for the assault. Perhaps video surveillance is of extremely poor quality, and identification is not positive. You might also be able to introduce witness testimony who can corroborate your alibi.
Lack of Injuries
Assault charges also require that the victim suffer injuries. Without an injury, no assault could have taken place. Your attorney may be able to show that the victim did not actually suffer any injuries. This could get your charges reduced or even dropped.
What Should I Do if I Am Arrested For Assault?
Knowing what to do in the event you are detained by police or arrested for assault can help protect your rights. First, be cooperative and do not resist arrest. This could lead to even more charges and penalties.
Next, utilize your right to remain silent and your right to an attorney. Advise the police that you want an attorney. If they try to question you, let them know that you wish to remain silent and want an attorney present with you.
The sooner you can get an attorney, the better. Ideally, you would have an attorney prior to your arraignment. If you are facing assault charges in Middletown, contact Larkin Ingrassia Criminal Defense Attorneys today. Let our experienced team go to work investigating your case and putting together a winning defense strategy.
Schedule a Free Case Evaluation With Our Middletown Assault Defense Lawyers
If you have been charged with assault in Middletown, New York, we are here to help protect your rights. We will work tirelessly to help get you the best possible outcome and avoid jail time. Contact Larkin Ingrassia Criminal Defense Attorneys today to schedule a free consultation with a Middletown assault defense lawyer, and let us advise you of all your legal options.