Were you arrested or accused of assault in Orange County, NY? Call Larkin Ingrassia Andrews Criminal Defense Attorneys at (845) 566-5345 for a free consultation with an Orange County assault defense lawyer. You do not want to wait too long to get legal help when there is so much on the line.
With over 50 years of combined experience, our legal team understands the stakes in a criminal assault case, from jail time and protective orders to your job and reputation in the community. The police and prosecutors move quickly, but having an experienced and compassionate lawyer in your corner means you’re never left guessing what’s next.
If you’re facing charges in New York, we’re always here to help. Contact us today to schedule a free consultation with an Orange County criminal defense attorney about your case.
Why Hire Larkin Ingrassia Andrews Criminal Defense Attorneys if You’re Arrested for Assault?
Facing an assault charge in Orange County, NY, is serious, and you don’t want to go through this alone. Our team fights in court often and understands how prosecutors build their cases. We bring practical, tough defense you can count on.
Here’s what sets our Orange County criminal defense lawyers apart:
- National recognition and trusted ratings: The National Trial Lawyers Top 100 list and a 5-star Avvo rating reflect our track record and how clients rate us.
- Team includes former prosecutors: We know how the other side thinks and can use that insight to build a smarter defense.
- We’ve seen it all: We’ve litigated many types of criminal cases, from misdemeanors to serious felonies, and we know what works.
If you’ve been arrested for assault, contact us for a confidential discussion about your case and options. We’ll schedule a meeting with you and an Orange County assault defense attorney as soon as possible.
Overview of Assault in New York
New York classifies assault into three degrees. In this state, assault is the term used instead of battery. The degree you’re charged with depends on how serious the injury is, whether a weapon was used, and who was harmed.
Third Degree Assault
Assault in the third degree happens when a person, either on purpose or recklessly, causes physical injury or substantial pain. You don’t need a weapon. A punch that causes bruising or a cut that bleeds a little can qualify.
Second Degree Assault
Second-degree assault covers intentionally causing serious physical injury or causing injury specifically to a police officer, firefighter, EMT, or nurse on duty. It also applies if the injury is inflicted with a deadly weapon or a dangerous instrument.
First Degree Assault
This is the most serious level of assault in New York State. First-degree assault requires intentional serious injury using a deadly weapon or causing permanent disfigurement or disability. An example would be a shooting or stabbing that results in life-changing injuries.
If you’re dealing with an assault accusation in New York, no matter what degree it is, you should speak with a criminal defense lawyer as soon as possible. Our firm offers free consultations to help you get started.
What Are the Penalties for Assault in Orange County, New York?
Penalties for New York assault charges vary by degree, from a misdemeanor jail term to long prison sentences.
Third-Degree Assault Penalties
Third-degree assault is a Class A misdemeanor and is punishable by up to 1 year in jail.
Second-Degree Assault Penalties
Second-degree assault is a Class D violent felony and is punishable by 2 to 7 years in prison.
First-Degree Assault Penalties
First-degree assault is a Class B violent felony and is punishable by 5 to 25 years in prison.
Understanding these penalties and consequences helps you plan your defense and protect your future.
Collateral Consequences of an Assault Conviction
Collateral consequences go beyond the sentence and can affect many parts of your life.
- Immigration impacts: Certain convictions can affect your immigration status. Non-citizens may face visa issues, limits on residency, or removal proceedings.
- Mandatory reporting and employment: Some jobs require reporting a conviction to your employer. Which could jeopardize a current job. Additionally, background checks can reveal past offenses and affect hiring, promotion, or job duties.
- Professional licenses and credentials: Many careers require a license or clearance to practice. A criminal record can lead to the denial, revocation, or suspension of a license. Losing a license can mean losing your job or the ability to work in your chosen industry.
- Education and financial aid: Convictions can impact eligibility for financial aid and scholarships in some cases. Most schools require disclosure of criminal history, which can affect admission or continued enrollment as well.
- Housing and public benefits: Some benefit programs and housing programs have restrictions tied to criminal history. A conviction can influence eligibility for subsidies, housing vouchers, or public housing in some areas. Additionally, landlords usually run background checks and may be less likely to rent to someone with an assault conviction, especially if it’s a felony.
- Family consequences: If you’re accused of assault, you may also have a protective order taken out against you. This can limit the contact you’re allowed to have with a partner or child. A conviction can also influence custody, visitation, or support decisions in family court.
These are just a few of the ways a conviction affects you, other than the possibility of facing jail time. If you’re facing assault charges, talk to a New York assault defense lawyer about how these effects might apply to you and what steps you can take to mitigate them.
What Defenses Can Be Raised if I’m Arrested for Assault?
If you’re facing assault charges, several defenses might apply depending on the facts. A New York criminal defense lawyer will base the defense on the facts of your case, but some common ones include:
Self-Defense and Defense of Others
Self-defense allows you to use reasonable force to stop yourself or someone else from facing imminent danger. You can usually raise this defense if you genuinely believed there was an immediate threat of unlawful force and your response was proportionate to that threat.
To successfully use this defense, your lawyer may use witness statements, video footage, medical records, and any prior history of threats or aggression from the alleged victim. The goal is to show you did not start the fight and that you acted to prevent harm.
Lack of Intent
Assault requires that someone intentionally or recklessly cause physical injury or substantial pain. A lack of intent defense generally argues that you did not have the required mental state to commit the offense.
This could mean the incident was accidental or that you made contact with the person without any real intent to harm them. Inconsistent statements from the alleged victim and showing a lack of motive on your behalf can support this defense and create reasonable doubt about the charge.
Absence of Physical Injury
This defense challenges whether there was actual physical injury or substantial pain as defined by the statute. Your lawyer can use medical records showing no injury or only minor injuries that don’t meet the threshold of the assault degree charged.
Witness testimony, photos, or video can also support the claim that no injury occurred or that injuries were not as serious as charged. The goal is to show the prosecution failed to prove the injury element beyond a reasonable doubt.
Mistaken Identity and Alibi
These defenses rely on showing you didn’t commit the assault because you either weren’t the person who did it, or you weren’t even at the scene. Mistaken identity is often used when you don’t know the accuser, making it more likely that you could have been misidentified.
Your lawyer will point to inconsistencies in the victim’s description and may present witnesses who can vouch for the fact that you had nothing to do with the fight.
In some cases, your lawyer may be able to present an alibi. This means showing you were somewhere else entirely when the assault occurred. Evidence your lawyer can use includes surveillance footage, cell phone data, witness statements from people who can confirm you were with them, and time-stamped receipts or schedules.
A skilled attorney will examine what happened, gather the right evidence to strengthen your case, and determine which defense gives you the best chance of beating your charges.
Contact Our Orange County Assault Defense Lawyers for a Free Consultation
Facing assault charges in Orange County can be stressful and overwhelming, but you don’t have to handle this crisis on your own. At Larkin Ingrassia Andrews Criminal Defense Attorneys, we understand that every story has two sides and that a well-planned defense can change the entire outcome of your case.
We guide our clients through the process step by step, with clear advice and a commitment to fighting back and sharing their side of the story. Contact us today to schedule a free consultation with an Orange County assault defense lawyer about your case.