Facing an assault with a deadly weapon charge in Newburgh, NY, can feel overwhelming. These are grave accusations under the law, and a conviction could have life-altering consequences. Having an experienced Newburgh assault with a deadly weapon lawyer on your side can help you navigate the legal system and make informed choices as your case unfolds.
At Larkin Ingrassia Criminal Defense Attorneys, we have over 50 years of combined experience fighting for our clients. We’ll investigate your case carefully and pursue the best possible outcome.
Call our law office today at 845-566-5345 for a free consultation.
Why Choose Larkin Ingrassia to Help Me if I’m Arrested for Assault With a Deadly Weapon in Newburgh, NY?
When you’re facing charges for assault with a deadly weapon in Newburgh, New York, the first few days can feel overwhelming. Trying to figure things out on your own leaves you open to mistakes — one wrong move could put your freedom at risk.
At Larkin Ingrassia, we work hard to keep people out of jail and protect their records. Here are some reasons why people choose to work with our Newburgh criminal defense lawyers:
- Decades of experience defending people facing criminal charges
- Named among The National Trial Lawyers “Top 100” and Super Lawyers
- 5.0 on Avvo by real clients whom we’ve helped
When you’re facing serious charges, you never have to try to handle them on your own. Whenever you’re ready for help, we’re here for you.
Give us a call to schedule a free consultation with a Newburgh gun charges lawyer.
Overview of Assault With a Deadly Weapon in New York
Assault with a deadly weapon in New York means using an object that can easily cause death or severe harm to someone. It involves actions where a person either means to harm someone or acts so carelessly that a serious injury occurs. It doesn’t have to be a gun to be considered a deadly weapon — anything that can cause serious injury can be considered a deadly weapon, like a broken bottle, for example.
In New York, assault charges involving a deadly weapon are typically prosecuted under second-degree or first-degree assault statutes. These charges arise when someone intentionally or recklessly causes physical injury to another person using a gun or a dangerous instrument.
What Are the Penalties for Assault With a Deadly Weapon in New York?
Depending on the situation and the degree you’re charged with, assault with a deadly weapon carries serious penalties in Newburgh. Here’s what you could face:
First-Degree Assault
First-degree assault is the most serious level. In New York, this is a Class B felony. If convicted, you may be sentenced to up to 25 years in prison and may also be ordered to pay a hefty fine. If you already have a prior record, the minimum sentence will be longer. Also, because this is considered a violent felony, you won’t qualify for early release until serving most of your sentence.
Second-Degree Assault
Second-degree assault usually falls under a Class D felony. If convicted, the judge can sentence you to up to 7 years in prison and impose a fine. Individuals with a prior felony conviction face harsher penalties.
Third-Degree Assault
This charge is a Class A misdemeanor, which is less serious than a felony but still carries real consequences. The possible sentence is up to 1 year in jail, along with a possible fine.
If you or someone you care about is facing an assault with a deadly weapon charge, understanding these potential penalties is important.
What Defenses Can Be Raised if I’m Arrested for Assault With a Deadly Weapon?
If you’re facing assault with a deadly weapon charges, it’s understandable to feel confused and worried about what to do next, but you have ways to defend yourself. Below are some of the common defenses you may be able to use with the help of your defense lawyer:
Self-Defense
Under the law, you can protect yourself if you’re facing an imminent risk of harm. If you believed you were in real danger and acted to protect yourself from getting hurt, self-defense may apply. For this defense to be effective, your actions must be proportionate to the harm you were facing; the law doesn’t permit retaliation or the use of significantly more force than necessary.
No Proof of Injury
The prosecutor needs to show, beyond a reasonable doubt, that harm was done or someone was actually put in fear of being hurt. Sometimes, it can’t be shown that any real injury occurred or even that the other person was scared for their safety. Your lawyer can argue that there is no proof of this as a way to raise a reasonable doubt.
No Intent
With assault with a deadly weapon, the law requires more than just an accident. Prosecutors have to prove you meant to hurt someone or acted recklessly, depending on the level of the charge. If there’s evidence that the incident was simply an accident, this won’t rise to the level of assault with a deadly weapon.
Everyone’s case is different, and every defense depends on the details. Consulting with a lawyer is the best way to determine the most effective defense for your situation.
If you are dealing with assault with a deadly weapon charges, don’t face it alone. The right lawyer can protect your rights, explain your options in understandable terms, and fight for your side of the story to be heard.
Call Larkin Ingrassia to schedule a free consultation with a Newburgh assault with a deadly weapon attorney.