Brooklyn
Assault Crime
Attorney
Brooklyn Assault Crime Lawyer
“Assault” is a broad legal term used to describe the injury of another person without justification. In New York, all residents have the right to self-defense when presented with credible threats, but it is illegal to injure another person intentionally, due to recklessness or negligence. If you or a loved one is arrested on assault charges, a Brooklyn assault crimes lawyer offers your best option for minimizing your penalty or avoiding conviction.
The Law Offices of Robert Tsigler, PLLC, provides comprehensive defense counsel to individuals charged with assault. Our Brooklyn criminal defense team has years of experience handling complex criminal defense cases and can put this experience to work for you. In addition, we know how the prosecutors working in the Brooklyn court system handle assault cases and the tactics they are likely to use when pursuing a conviction. As a result, our firm can provide robust defense and guide you through every stage of your legal proceedings with confidence.
What to Do If Arrested for Assault in Brooklyn
Your actions immediately after an arrest can significantly affect your case. Keep these steps in mind:
- Stay silent. You have the right to remain silent - use it. Politely decline to answer any questions without your attorney present. Do not try to explain yourself or argue your innocence to officers. These efforts rarely help and often give prosecutors material to use against you.
- Ask for an attorney immediately. You have a constitutional right to legal representation. If you cannot afford a private attorney, the court will appoint a public defender. Contact the Law Offices of Robert Tsigler, PLLC as soon as possible to start building your defense.
- Do not discuss your case with anyone but your attorney. Jail conversations are monitored, and cellmates can be called as witnesses. Avoid posting about the incident on social media or discussing details with friends or family who may later be questioned.
- Write down everything you remember. Document the incident in as much detail as possible - who was present, what happened, and anything that might support your defense. Share this only with your attorney. If you were injured, seek medical attention and photograph your injuries.
- Follow all court and bail conditions. Missing court dates results in additional charges and bail forfeiture. If a protective order is issued, make sure you understand its terms fully - the NYPD's protective order resources outline compliance requirements in detail. Violations lead to immediate arrest and hurt your case.
Your attorney will guide you through every stage of the criminal justice process, from arraignment through trial, working to protect your rights and achieve the best possible outcome.
Why Should I Hire a Brooklyn Assault Defense Lawyer?
Your investment in a private Brooklyn assault crimes lawyer will translate to a more robust level of defense representation. The Law Offices of Robert Tsigler, PLLC, offers our clients 24/7 responsiveness, meaning you can get in touch with us anytime day or night to have your questions answered or to obtain updates about your case proceedings. We understand that facing any criminal charges can be a distressing and life-changing experience, and our goal is to provide clarity and confidence as you work through this situation. You can rely on our team to provide comprehensive criminal defense counsel through every phase of your assault case in Brooklyn.
Understanding Assault in New York Criminal Law
Assault can be a misdemeanor or felony, depending on several factors. According to the New York state criminal code, an individual commits a misdemeanor assault when they cause a physical injury to another person intentionally or due to recklessness or negligent use of a deadly weapon or dangerous object.
The determining factor of “intentional” is crucial in assault cases. The prosecution must prove the defendant acted willfully, knowing their actions would injure the victim. If an individual causes a physical injury to another person unintentionally due to simple negligence, the victim has the right to pursue a civil claim for personal injury against the person who harmed them. However, the defendant may still face criminal charges depending on the nature of their negligence. Thus, the intention is a prerequisite for assault in criminal court.
Misdemeanor assault is a Class A misdemeanor in New York, punishable by up to one year in jail, three years of probation, and fines up to $1,000. The defendant will likely also owe restitution to the victim.
Assault is prosecuted at the felony level under different circumstances at two levels: Class D for second-degree assault and Class B for first-degree assault. The determining factors that decide whether an individual faces felony assault charges are:
- Whether the defendant caused a “serious physical injury” that results in permanent injury or presents a substantial risk of death.
- Whether the defendant used a deadly weapon or dangerous instrument. This could include a loaded firearm, a bladed weapon, or something as simple as a metal pipe or baseball bat.
The penalty of Class D second-degree assault includes three to seven years in prison and fines up to $5,000. The defendant will also be liable for the victim’s civil damages, including medical expenses, lost income, and pain and suffering. The penalty for Class B first-degree assault includes three to 25 years in prison, fines up to $5,000, and restitution to the victim for their civil damages.
It’s important to note that a defendant may face additional criminal charges in an assault case under certain conditions. For example, if the defendant used a firearm to commit the assault in question, they can face a firearms offense charge in addition to their assault charge.
Long-Term Consequences of an Assault Conviction
An assault conviction creates consequences that extend far beyond your initial sentence and can affect your life for decades. Employment opportunities become limited, as many employers conduct background checks and may refuse to hire individuals with violent crime convictions. Professional licenses in fields such as healthcare, education, and finance may be denied or revoked based on assault convictions.
Your immigration status faces serious jeopardy if you are not a United States citizen. Assault convictions can result in deportation proceedings, denial of naturalization applications, and barriers to obtaining lawful permanent residence. The NYPD’s Criminal Justice Process information highlights how criminal convictions create lasting records that follow defendants through multiple aspects of their lives. Federal cases involving assault can carry even more severe consequences, as demonstrated by the Eastern District of New York case where a Brooklyn man received more than 31 years in prison for attempted murder and assault.
Your personal relationships and family life may also suffer. Family courts consider assault convictions when making custody and visitation determinations, potentially limiting your time with your children. You may lose your right to possess firearms under both state and federal law, and housing opportunities can become restricted as landlords often deny applications from individuals with violent crime convictions. Our firm understands these collateral consequences and fights to minimize the long-term impact on your future.
FAQs About Assault in Brooklyn
Can assault charges be dropped if the alleged victim doesn’t want to press charges?
Not necessarily. In New York, the prosecutor decides whether to pursue charges, not the alleged victim. As outlined in the NYPD’s criminal justice process, the District Attorney’s office determines whether to file charges independently. Even if the other party recants or refuses to cooperate, the DA’s office can still move forward. Do not assume victim reluctance alone will resolve the case.
Can a first-time assault conviction be sealed or expunged in New York?
New York’s sealing options are limited. Under CPL 160.59, some misdemeanor assault convictions may be eligible for sealing after a ten-year waiting period, but felony assault is generally excluded. Sealing is also not the same as expungement; the record can still be accessed by law enforcement and certain agencies. An attorney can advise whether your charge qualifies.
What is the difference between assault and battery in New York?
New York does not recognize battery as a separate charge. What other states call battery is prosecuted under New York’s assault statutes. This distinction matters when researching your case, as information from other jurisdictions may not accurately reflect how New York law applies to your situation.
What happens at arraignment for an assault charge in Brooklyn?
Arraignment is your first court appearance after arrest. Formal charges are read, you enter an initial plea, and the judge sets bail. Bail decisions depend on the severity of the alleged injury, your criminal history, and community ties. Having an attorney present at arraignment, rather than waiting, can meaningfully affect the outcome.
Defending Against a Criminal Assault Charge in Brooklyn, NY
If you are charged with assault in New York, you could face severe penalties that negatively influence your life in many ways. For example, a criminal record for assault could prevent you from obtaining work in certain places, and you could lose your child custody rights and your right to own firearms. The financial penalties for assault can also be economically devastating, resulting in a severe financial strain that persists for years.
To defend yourself as vigorously as possible against assault charges, you need to work with an experienced assault crimes attorney in Brooklyn. The sooner you secure legal representation, the better your chances are of avoiding the maximum penalties prescribed by New York state law. If you were wrongfully accused, your attorney could help you formulate your defense. For example, New York upholds a self-defense law that allows an individual to defend themselves, with deadly force in some cases. If you acted in self-defense but were charged with assault, your attorney will help you reveal the evidence proving the truth of the situation to help you avoid conviction.
If you know you made a mistake and did commit an assault of any kind, you can still rely on your Brooklyn assault crimes attorney to help you through the plea-bargaining process and obtain a lighter sentence. Many New York prosecutors are willing to plea bargain with some defendants, exchanging swift guilty pleas for reduced sentences.
When you choose the Law Offices of Robert Tsigler, PLLC, to represent you in a Brooklyn assault case, our goal is to secure a case dismissal if possible or reduce your penalties as much as New York state law and available evidence permits. Therefore, if you have been arrested for assault, it’s vital to secure legal counsel as soon as possible. Contact us today to schedule a case review with a reliable Brooklyn assault crimes attorney and learn more about how our firm can assist with your defense.
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