Westchester Assault Attorney
New York State Assault Laws
If you were you arrested and now being charged with assault or a related charge under Article 120 of the New York State Penal Law, it is imperative that you hire an attorney who understands the nuances associated with defending against assault prosecutions, including the technical defenses available to you (for example, self-defense/justification). John Raimondo has obtained multiple not guilty jury trial verdicts in connection with assault prosecutions, including through the strategic utilization of the doctrine of self-defense.
Two relatively recent victories include a not guilty verdict involving an alleged assault on an off duty police officer and a man accused of assaulting his former wife’s current husband. It is critical that the attorney you retain has proven courtroom experience implementing the defenses which are available to you; there is no substitute for experience and without proven trial experience in this area, you are at a disadvantage, even in the context of plea discussions. The Law Offices of John Raimondo, P.C., will ensure that its many years of experience will be effectively used to defend your name and your future. John Raimondo is a criminal defense lawyer in Westchester County that will strategically defend your case and bring his many years of experience and commitment to the defense of your case.
Defending Against Assault Charges in Westchester County
Assault Charges in New York
Article 120 of the New York Penal Law governs the prosecution of assault charges and related matters. The seriousness of the assault charge or related charge, including whether the prosecution is a felony or misdemeanor prosecution, depends on a variety of factors.
Aggravated Assault Factors
The factors which determine whether the prosecution is a felony prosecution or a misdemeanor prosecution include, but are not limited to whether the alleged victim was injured, and how seriously, along with whether a weapon was used in the alleged commission of the crime.
Assault Penalties in New York
The penalties for assault, in many instances, can be serious, and include long periods of incarceration, thousands of dollars in fines or restitution and orders of protection. In many cases, the person charged has a genuine defense, including that they were either falsely accused or that they were defending themselves when they used force. It is critical that you hire an attorney who is not only intimately familiar with the technical defenses which are available to you, but with a proven track record of implementing those defenses in the courtroom.
In most cases it makes sense to engage in plea discussions, but you deserve the advantage of doing so with an attorney who has the ability and experience to proceed to trial; not because you will ultimately decide to take your case to trial, but because when the prosecutor and the Judge know that the attorney is prepared to proceed to trial, it generally results in a more lenient plea deal.
Types of Assault Charges
Examples of prosecutions under Article 120 (assault and related charges):
- Assault in the First Degree: Under §120.10 of the Penal Law of the State of New York, a charged party is alleged to have acted either intentionally or recklessly (with depraved indifference), but in either instance, is accused of having caused serious physical injury to another through the use of a weapon or dangerous instrument.
- Assault in the Second Degree: Under Section 120.05 of the Penal Law of the State of New York, a charged party is alleged, in some cases, to have caused serious physical injury, but in other cases, if a weapon was used and the injury is only superficial, the use of the weapon will still elevate the charge to a serious felony for which a person can be subject to a long prison term.
- Assault in the Third Degree: Under Section 120.00, a person charged with misdemeanor assault is alleged to have acted either intentionally, recklessly or in some cases, negligently. The main distinction, generally speaking (there are other distinctions), between felony assault and misdemeanor assault, is that in the case of a misdemeanor, the injury need not be serious; even substantial pain can be enough to warrant a misdemeanor prosecution.
- Vehicular Assault – Those charged under §120.03 of the New York State Penal Law are accused to have seriously injured another person though the wrongful operation of a motor vehicle. The wrongful operation may include, but is not limited to operating a motor vehicle while intoxicated by alcohol or impaired by drugs.
- Menacing – Menacing, in accordance with §120.13 and 120.14 of the Penal Law respectively, which is not technically an assault charge because it does not involve physical contact, is related to the same legislation associated with assault under Article 120. Generally speaking, it involves a person placing another in “reasonable” fear of physical injury or death, and whether it is charged as a felony or misdemeanor generally depends on whether the accused has a prior conviction for menacing within the preceding ten years.
If you have been charged with assault or any related offense under Article 120 of the Penal Law, it is important that you hire an experienced assault defense attorney. White Plains defense attorney, John Raimondo, has been advocating for the criminally accused in Westchester County and the New York metropolitan area for more than a decade and a half. He is not afraid to fight aggressively on your behalf and has the proof to document his sincere commitment to his clients.