Bronx Simple Assault Lawyer
Simple or third-degree assault is the least severe of the potential charges under state law. While you should take any criminal charges seriously, the possible penalties for simple assault are generally less harsh than those for other charges under the statute. Nonetheless, you should still work with a Bronx simple assault lawyer who can help you fight the charges.
Creating a strong defense from the outset of your criminal case can be instrumental in reaching a favorable outcome. Legal counsel could evaluate the evidence supporting the charges and determine what defenses apply to your case. A knowledgeable assault defense attorney could help you work toward a more positive outcome in your case.
Simple Assault Offenses in the Bronx
New York Penal Law § 120.00 establishes the offense of simple or third-degree assault. A person commits this offense when they take any of the following actions:
- Intentionally causes physical injury to others
- Recklessly causes bodily injury to others
- Uses a dangerous instrument or deadly weapon to inflict physical harm to others with criminal negligence
New York Penal Law § 10.00(9) defines physical injury as an “impairment of physical condition or substantial pain.” The definition of simple assault requires a bodily injury for this offense to occur.
Furthermore, a dangerous instrument is any object that someone could use to cause severe injury or death, including a vehicle. Deadly weapons include various types of traditional weapons including loaded firearms, knives, and more.
Distinguishing when conduct is intentional, reckless, or criminally negligent can be challenging. Intentional acts are those that a person commits on purpose. Reckless behavior involves being aware of and consciously disregarding a substantial and unjustifiable risk of harm to others.
Furthermore, criminal negligence, as referred to the Law section concerning simple assault, occurs when someone fails to recognize their actions almost certainly will result in injury to others. A simple assault lawyer in the Bronx could help determine the level of intent present in specific actions and whether simple assault charges are warranted.
Consequences of a Conviction
Simple assault is a Class A misdemeanor crime under state law. A conviction can result in a maximum one year in jail and a fine of up to $1,000. Instead of a jail sentence, individuals can receive a sentence of probation of up to three years.
Although simple assault is a misdemeanor offense, collateral consequences still can flow from a misdemeanor conviction. Having a criminal record may be detrimental to the ability to find employment and pursue some careers. Any record may make someone ineligible for specific professional licenses and occupations.
As most people see an assault conviction as a violent crime, a person may encounter difficulties finding rental housing and obtaining credit. Avoiding or reducing the possibility of these consequences is important. As a result, contacting a simple assault attorney in the Bronx for advice may be wise.
A Bronx Simple Assault Attorney Could Help
Various defense strategies may be available in a simple assault case. You could explore all possible options with the assistance of a Bronx simple assault lawyer. With a skilled legal advocate at your side, you may be able to fight back against the charges that you are facing. Call today to get started.