New York City Second-Degree Assault Lawyer
It is a very serious matter if criminal charges are brought against you. Assault charges in New York City vary in degrees of severity. Assault charges brought against you will allege that you have committed either a misdemeanor or a felony. The difference in degrees is determined by a variety of factors, such as how an injury occurred, the severity of the assault, who the victim was (policemen, for example), and several other factors.
If an assault charge is brought against you, immediately contact an experienced New York City second degree assault lawyer. An assertive and committed assault attorney is prepared to battle for your defense.
What Constitutes Second-Degree Assault?
In New York, second-degree assault is divided up into twelve different scenarios. When a defendant does any of the following acts, a second-degree assault might have occured:
- Seeks to prevent police officers, or other persons, from performing a lawful duty by causing physical injury to said persons
- Intentionally causes serious physical injury
- Through reckless conduct, causes a serious physical injury by means of a dangerous weapon
- Intentionally causes physical injury with the use of a dangerous weapon
- Seeking to commit a felonious act, or by fleeing thereafter, and furthering the crime or their escape, causes physical injury to another
- When there is an injury, it can be caused by the defendant or by an accomplice
- Provides a substance or drug to a person without that individual’s consent, with the purpose of causing stupor or some other impairment
- If an adult intentionally inflicts injury to a person who is less than seven years of age
- After being convicted of a crime and incarcerated, causes, intentionally, physical injury to another. If the defendant harms another individual other than the intended victim, assault in the second degree still occurs
- Intentionally causes physical harm to a person connected with the operation of a bus or train, to a person connected to traffic enforcement, or to a nurse
- A defendant causes physical harm to a student or an employee of a school while on school grounds
- Intentionally causes physical harm to a victim who is 65 years old or older, provided that the defendant is ten or more years younger than the victim
A New York City attorney understands what may constitute a second-degree assault charge and can help build a strong defense against such claims.
Defenses to New York City Assault Charges
There are a number of defense strategies against a charge of assault in the second degree in New York City. The burden of proving a case against someone rests exclusively on the prosecutor, who cannot prevail in their case against the defendant unless they prove all elements of the crime beyond a reasonable doubt.
An experienced New York City attorney will, in a person’s defense, seek to present evidence that calls into question the existence of one or more of the elements of the alleged second-degree assault.
They must be found not guilty if any one element of a charge is not proven by the prosecutor. It is the responsibility of the attorney to seek to cast reasonable doubt upon a potential client’s guilt by challenging each element of the crime alleged.
Self-Defense
Self-defense is a defense against assault in the second degree, and applies when the circumstances were such that an individual was justified in committing a crime. When arguing self-defense, it is the defendant’s burden to prove that they believed that physical force was required in order to protect themselves from physical harm from another. If someone acting out of self defense faces charges for second-degree assault, it is vital to contact a New York City attorney immediately.
Contact a New York City Second-Degree Assault Attorney Today
All assault charges are extremely serious matters. Potential jail time and fines are truly daunting. If accused of second degree assault, it is paramount that you speak with an experienced second-degree assault lawyer in New York City.
A New York City second-degree assault lawyer can be dedicated to zealously defending you in your case, and fighting for the best possible result given your factual circumstances. Contact our firm today.