Have you been charged with assault in Ulster County, NY? If so, you could face severe criminal penalties for a conviction. The best way to protect your rights and freedom is with the help of an experienced criminal defense lawyer.
At Larkin Ingrassia Criminal Defense Attorneys, our criminal defense lawyers have over 50 years of combined experience. Our legal team includes former prosecutors who provide extensive knowledge of how criminal cases are prosecuted in New York. We have a winning track record of successful outcomes for clients.
Contact Larkin Ingrassia Criminal Defense Attorneys at (845) 566-5345 or schedule your free consultation with one of our Ulster County assault defense lawyers today.
How Larkin Ingrassia Criminal Defense Attorneys Can Help You With an Assault Defense Case in New York
Assault charges might be filed against you for numerous reasons in Ulster County, NY. Sometimes, the assault was unintentional, or the victim may have identified the wrong person. Regardless of whether you are innocent of assault charges, you need an experienced criminal lawyer on your side.
The police officers and prosecutor believe you are guilty. Talking to them to explain your side of the story may hurt your defense. You do not want to give them any help in proving you are guilty of assault.
At Larkin Ingrassia Criminal Defense Attorneys, our lawyers develop a solid defense to your criminal charges. When you hire our award-winning Ulster County criminal defense attorneys, you can trust we will:
- Investigate the circumstances that led to your assault charges
- Explain the charges against you and the potential penalties for a conviction
- Gather evidence, including analyzing the evidence the state has against you
- Develop a defense strategy based on elements of your case
- Aggressively represent you during all court appearances
- Negotiate the best plea agreement possible if taking your case to trial is not in your best interest
- Fiercely argue your case at trial if going to court is the best way to defend you against the charges
Our attorneys have received numerous awards and top ratings from national legal organizations. We have top ratings with Martindale-Hubbell, Avvo, and Super Lawyers. Our attorneys appear on the Top 100 lists by The National Trial Lawyers and America’s Top 100 Attorneys. We are also members of numerous legal associations, including the National Association of Criminal Defense Lawyers, the New York State Bar Association, and the New York State Association of Criminal Defense Lawyers.
Call Larkin Ingrassia Criminal Defense Attorneys, to request a free case evaluation with an experienced Ulster County assault defense lawyer.
Overview of Assault Charges in Ulster County, NY
There is a wide range of assault charges in New York. Assault is generally defined as intentionally trying to injure someone or putting them in fear of imminent harm. The exact legal elements of an assault charge depend on the specific charge.
Assault is a wobbler offense. You can be charged with a misdemeanor or a felony depending on the offense and the factors in your case. Aggravating factors could increase misdemeanor assault charges to felony assault charges.
The three levels or degrees of assault in New York are:
Assault in the Third Degree
Assault in the Third Degree is defined in N.Y. Penal Law §120.00. Generally, third-degree assault is charged as a Class A misdemeanor. This class of assault is usually used when the victim sustains minor injuries.
A conviction of third-degree assault requires the prosecutor to prove you intended to cause physical injury to someone and that you caused that person physical injury. You can also be charged with third-degree assault if you cause someone physical injury because of your criminal negligence or reckless conduct.
Assault in the Second Degree
Assault in the Second Degree is defined in N.Y. Penal Law §120.05. Several aggravating factors can result in second-degree assault, including:
- Causing serious physical injury to the intended victim
- Using a deadly weapon or dangerous instrument during the assault
- Assaulting a firefighter, police officer, prosecutor, paramedic, nurse, or other official
- Assaulting a child who is 11 years old or younger and you are at least 18 years old
- Assaulting someone who is 645 years old or older and you are more than 10 years younger
Second-degree assault usually results in a Class D felony charge. Serious physical injury is defined as an injury that has a substantial risk of death, causes serious impairment or disfigurement, or causes death.
Assault in the First Degree
Assault in the First Degree is defined in N.Y. Penal Law §120.10. First-degree assault is a Class B felony. You can face first-degree assault charges if you:
- Permanently cause someone to be disabled
- Use a dangerous instrument or deadly weapon to cause serious bodily injury
- Caused serious injury to someone while committing a felony
- Putting someone at risk of death while acting with depraved indifference to human life and causing them serious injury
Assault in the first degree is the most serious type of assault. Therefore, you could serve decades in state prison for a conviction.
Other Assault Charges in Ulster County, NY
Other assault charges you could face include, but are not limited to:
- Vehicular assault in the first degree is a Class D felony charge.
- Vehicular assault in the second degree is a Class E felony charge.
- Gang assault in the second degree is a Class C felony.
- Gang assault in the first degree is a Class B felony.
- Assault on a retail worker is a Class E felony.
- Aggravated vehicular assault is a Class C felony.
- Reckless assault of a child by a daycare provider is a Class E felony.
- Assault on a judge is a Class C felony.
- Reckless assault of a child is a Class D felony.
The code defines many assault charges. Most assaults are felony charges, which carry the most severe penalties.
What Are the Penalties for Assault Charges in Ulster County, NY?
The criminal penalties for assault convictions include fines, incarceration, and probation. Examples of the fines and prison terms for assault convictions by the type of charge include:
- Class A Misdemeanor Assault: Up to one year in county jail and a maximum fine of $1,000.
- Class E Felony Assault: Up to four years in state prison and a maximum fine of $5,000.
- Class D Felony Assault: Up to seven years in state prison and a maximum fine of $5,000.
- Class C Felony Assault: Up to 15 years in state prison and a maximum fine of $15,000.
- Class B Felony Assault: Up to 25 years in state prison and a maximum fine of $30,000.
Probation terms depend on the charges and facts of the case. Generally, you can expect three years of probation for misdemeanor assault and five years of probation for felony assault. Additionally, you may be required to pay fees and victim restitution, be subject to an order of protection, and serve a term of post-release supervision.
What Are the Defenses to Assault Charges in New York?
Our legal team analyzes the potential defenses to assault charges to determine the defenses available for your charges. Potential defenses to assault charges include:
- Self-defense: You may argue that you were defending yourself because you were being attacked or in fear for your safety. You may also argue that you were defending someone else who was being attacked. Generally, a person must prove they did not provoke the attack and used the same level of force to successfully argue self-defense to assault charges.
- Mistaken identity: This defense alleges that the victim incorrectly identified you as the person who attacked them. Mistaken identity may also be used when the evidence identifying you is questionable or you have an alibi for the time of the attack. Cases of mistaken identity are common. Police officers often charge the wrong person without thoroughly investigating the case.
- Accidental harm: Intent is a required element for assault charges. The prosecutor must prove that you intended to harm someone. However, the injuries you inflicted may have been accidental. For example, you may have been turning around and accidentally hit someone because they were standing too close to you.
- False allegations: A victim may make false allegations of assault for numerous reasons. They may want revenge for something they believe you did to them or want to hurt you for some reason. A person may have someone allege assault to gain an advantage in a family law matter.
The best way to know what defenses might apply to your particular case is to speak with your lawyer.
What Should I Do if I’m Arrested for Assault in Ulster County, NY?
If you are arrested for assault, remember to:
- Remain calm and do not resist arrest. Resisting arrest can result in additional charges.
- Do not talk to the police or the prosecutor without an attorney. Exercise your right to remain silent.
- If you are released, do not contact the victim or their family. Attempts to contact the victim could result in additional criminal charges.
- Gather evidence related to the charges, including names of witnesses, messages from the victim, videos of the incident, etc.
- Do not discuss the assault charges online or with anyone other than an attorney.
As soon as possible, contact our office to speak with an attorney. Prompt legal advice is crucial for fighting assault charges.
Schedule a Free Consultation With Our Ulster County Assault Defense Lawyers
Assault charges can ruin your life. Do not trust your future to a public defender or your own defense. Call Larkin Ingrassia Criminal Defense Attorneys, for a free case review by an Ulster County assault defense lawyer. We stand up for the rights of accused individuals as they fight to protect themselves from criminal charges in Ulster County, NY.