Bronx Assault Lawyer
The facts in assault cases are often far from clear to police officers responding to a call, and there are times when people acting purely in self-defense are arrested for assault. A slight change in the findings of fact in an assault case can have a tremendous impact on the severity of the crime and the corresponding penalties.
Assault has many different variants and levels of severity under New York Penal Law, but all assault crimes are treated as serious offenses with penalties that include substantial jail time and heavy fines. For that reason, it is important for anyone facing assault charges to consult a knowledgeable Bronx assault lawyer as early as possible. A capable criminal defense attorney by your side may be able to collect and preserve evidence needed to build a strong defense, as well as help you avoid mistakes that could compromise your case.
Overview of Assault Crimes
New York Penal Law defines numerous assault offenses which vary in severity depending on the circumstances. As a general guideline, situations that involve the use of weapons or that result in serious injuries will be considered more serious crimes. An assault carried out against protected members of society such as children are also treated more severely.
Some of the assault crimes defined in the statutes are:
- Assault in the third, second, or first degree (New York Penal Law §§120.00, 120.05, & 120.10)
- Reckless assault of a child (NY PL §120.02)
- Vehicular assault in the first or second degrees (NY PL §§120.03 & 120.04)
- Aggravated vehicular assault (NY PL §120.04-a)
- Gang assault in the second or first degrees (NY PL §§120.06 & 120.07)
- Assault on a first responder or judge (NY PL §§120.08 & 120.09)
- Aggravated assault on a police officer (NY PL §120.11)
- Aggravated assault on a child (NY PL §120.12)
With the exception of third-degree assault, all of these offenses are felonies.
Assault in the Third-Degree
New York Penal Law §120.00 describes three different situations that can be considered assault in the third degree. describes three different situations that can be considered assault in the third degree. This offense occurs when an individual intentionally causes physical injury to another, recklessly causes such injury or negligently causes injury with the use of a deadly weapon.
Third-degree assault is treated as a Class A misdemeanor punishable by up to one year of imprisonment and a fine of up to $1,000. A Bronx assault lawyer could attempt to mitigate the offenses that an individual may face.
Assault in the Second-Degree
Second-degree assault is a more serious offense and is classified as a Class D felony punishable by up to seven years in prison.This crime can occur in multiple different scenarios which are described in New York Penal Law §120.05. Some of the most common situations that result in a charge of second-degree assault include intentionally causing serious physical injury to someone or intentionally causing a less serious injury with the use of a deadly weapon.
Because there are so many different situations that are considered assault in the second-degree, it can be important to understand how the statutory sections of New York Penal Law apply to the unique facts of a particular case. An experienced assault attorney in the Bronx could explain these distinctions in greater detail.
The Importance of Intent in Bronx Assault Cases
One aspect that the different versions of assault statutes defined by New York Penal Law have in common is that the intent of the individual causing the injury is of critical importance. It makes a significant difference whether harm was intended, whether serious harm was intended, or whether the person involved was acting negligently or recklessly. The element of intent is generally proven based on the evidence presented in court, so it is often essential to make sure that all potential evidence is collected and preserved.
A Bronx Assault Attorney Could Help
Assault is a violent crime, and the stigma of even having the charge of assault on your record can impact facets of your life for years to come. When you work with a Bronx assault lawyer who knows how to build the best defensive strategy for the facts of your case, you increase your chances of having your charges dismissed, decreased, or removed from your record entirely.
Call now to find out how a seasoned attorney in the Bronx could fight for the best possible outcome in your case.