Queens
Assault Lawyer
Queens Assault Attorney
Facing any kind of criminal charges can be an incredibly isolating and distressing experience. Whether or not you broke the law, an arrest can make it seem like the entire system is working against you. If you made a mistake and committed a crime or if you have been wrongfully accused, the right Queens assault lawyer can provide the support you need to approach this situation with confidence and understanding.
Queens Assault Crime Case Results
Third-Degree Assault
Where Handled: Queens County Criminal Court
A misdemeanor allegation threatened to leave a permanent mark on the client’s criminal record. By emphasizing the client’s strong community ties and resolving disputes over witness credibility in this cross-complaint, counsel secured a full resolution.
Result: Dismissed & Sealed
Timeline: ~3 Weeks
Forcible Touching
Where Handled: Queens Criminal Court
Facing a Class A misdemeanor and the risk of life-altering collateral consequences, the defense team engaged in rigorous trial preparation and treatment monitoring. This strategic pressure led to the criminal charges being withdrawn.
Result: Reduced to Non-Criminal Violation
Timeline: ~21 Months
About the Law Offices of Robert Tsigler, PLLC
At the Law Offices of Robert Tsigler, PLLC, we understand how serious assault charges can be, and we defend our clients with the integrity and attention they deserve. With our staff of over 35 dedicated individuals, we provide 24-hour access to legal services. Our criminal defense attorneys have been included in the Top 100 Trial Lawyers list and the Super Lawyers list, among others, and our firm has been featured in Bloomberg, HuffPost, and other national publications. *
Our reputation precedes us wherever we go, and we are prepared to put our extensive knowledge of New York criminal law to work for you. No matter how complicated your situation may be, we have the knowledge, experience, and grit to help you defend your rights.
Why Should I Hire an Assault Lawyer?
When you are arrested on any criminal charge, two of your most important constitutional rights come into play. First, you have the right to remain silent thanks to the Fifth Amendment’s protection against self-incrimination. Second, you have the right to an attorney under the Sixth Amendment’s guarantee of legal counsel in a criminal trial.
If you have been wrongfully arrested for an assault you did not commit, you could feel compelled to try to explain the situation to avoid arrest. This is not a good idea, and it is very easy for police to misconstrue any statements made by a suspect to suit their case. Say nothing until you can make your phone call after booking and hire an assault lawyer you can trust to represent you.
What Kind of Lawyer Handles Assault Charges in Queens, NY?
If you are charged with a crime, you need a criminal defense attorney to represent you. Criminal defense attorneys strive to make sure their clients’ constitutional rights remain protected throughout each phase of the criminal court process. They also closely examine prosecutors’ actions to make sure all provisions of due process remain upheld.
The American criminal justice system functions on the premise of “innocent until proven guilty.” This means the burden of proof rests with the prosecution. Additionally, different types of cases have different standards of proof, with criminal cases having the highest. To successfully prosecute any defendant in a criminal trial, the prosecution must prove guilt “beyond a reasonable doubt” by leveraging admissible evidence and witness testimony.
What an Attorney Can Do
Your criminal defense attorney’s job is to prevent the prosecution from establishing your guilt beyond a reasonable doubt. Depending on the nature of the assault charges you face, this may entail securing eyewitness statements who can help you establish an alibi or absolute defense, gathering material evidence that dismantles the prosecution’s case, or citing due process violations or violations of the defendant’s constitutional rights.
If law enforcement or the prosecution violates due process or prevents a defendant from exercising their constitutional rights in any way, this behavior could lead to a mistrial or a case dismissed on procedural grounds.
New York Assault Offenses
Assault is by far the most common violent crime in New York and in the United States. In 2024, New York recorded 53,854 cases of aggravated assault.
Assault describes any instance of a person injuring another person without a legal justification. For example, if two people get into a bar fight, the person who initiated the fight and struck first would face assault charges while the other could justifiably claim self-defense and avoid conviction. Assault can be a misdemeanor or a felony, depending on the circumstances.
Misdemeanor Assault
Misdemeanor assault occurs when one person causes a physical injury to another person either intentionally, negligently, or recklessly. “Recklessly” indicates the individual acted without regard for the safety of others. “Negligently” indicates that the individual acted without realizing their actions could harm another person. “Intentionally” indicates that the individual acted knowing their actions would harm the victim.
All three terms are likely to come into question during an assault case investigation, and the results of the investigation determine the charges the defendant will face in court. Class A misdemeanor assault carries a potential penalty of up to one year in jail, three years of probation, and a fine of up to $1,000. The defendant would also be liable for any civil damages they cause the victim.
Penalties
New York also assigns penalties for two different degrees of assault: First-degree assault, which is a Class B felony, and second-degree assault, which is a Class D felony. Typically, the difference between misdemeanor and felony assault is whether the defendant used a weapon in the incident, and the difference between first-degree assault and second-degree assault is whether the defendant caused a “serious physical injury” as opposed to a “physical injury” in the incident.
A “serious physical injury” can include any injury that would be life-threatening without immediate medical care or any injury that causes permanent medical complications, disfigurement, or disability to the victim.
The maximum penalty for second-degree assault in New York is a minimum of three years in prison, up to a maximum of seven years. First-degree assault also has a minimum three-year penalty, but the maximum can reach 25 years. It’s also possible for other factors to come into play and increase the defendant’s sentence substantially.
Domestic Violence and Assault
“Domestic violence” is a blanket term to describe incidents of violence that occur within a household or among members of a family. Domestic violence is sadly commonplace in our society, with about half of all women and around 40% of all men experiencing it at some point. New York broadly defines the ways in which domestic violence can occur.
It’s possible for spouses to engage in domestic violence, a parent could commit domestic violence against a child, and it is possible for a domestic violence case to arise among unrelated members of the same household, such as unmarried domestic partners or roommates.
Options Related to Domestic Violence
When a domestic violence case involves assault, the defendant can face not only criminal prosecution for assault under New York state law, but also the penalties associated with domestic violence. This could include a loss of child custody rights or visitation rights. Some domestic violence cases may require that the defendant move out of their home to ensure the safety of the victims.
It’s possible for a domestic violence conviction for assault to lead to severe consequences that affect the defendant’s life for many years. It is important to remember that if you are accused of domestic violence of any kind, it can seem like the system is working against you unfairly from the very earliest stages of your case. New York police have a legal obligation to protect the victims of alleged domestic violence.
What to Do
If you are accused of assault in your home, it is very likely that the police will arrest you if they can establish any probable cause that you may have engaged in violence against another member of your household or family. It’s possible to find yourself in this situation after acting in self-defense, and you could even face a protective order that very same day that bars you from reentry into your own home.
If you find yourself in this situation, it is crucial to speak with a criminal defense attorney as soon as possible. Unfortunately, it is relatively common for people to initiate domestic violence and then attempt to accuse the people they attacked of being the aggressors. If you are wrongfully accused of domestic violence, you need to start building your defense immediately.
The Law Offices of Robert Tsigler, PLLC, can guide you through this demanding situation as seamlessly as possible, helping you explore all available defenses thoroughly and helping you avoid unjust loss of your parental rights and your ability to live peacefully in your own home.
Liability for Personal Injury After Assault
If you are charged with assaulting another person in Queens, you may not only face criminal prosecution under the New York penal code but also liability for the victim’s civil damages.
Judges who oversee violent crime cases often sentence defendants to restitution to the victim for their losses in addition to the fines and incarceration that typically follow assault convictions. However, the victim may also choose to pursue a civil claim against the person who injured them in pursuit of additional compensation.
Seeking Compensation
Depending on the severity of the assault, the victim could have sustained severe damage beyond immediate medical expenses. The victim of an assault has the right to seek compensation for anticipated future medical expenses, lost wages, and pain and suffering resulting from the incident in question.
When you are accused of assault, you not only face severe criminal penalties but also substantial liability for the victim’s alleged damages. This is yet another reason you need a reliable and experienced criminal defense attorney who can guide you through the more difficult aspects of your case with confidence.
Potential Defenses Against Assault Charges
If you were arrested at the scene of the incident in question or if the police arrested you due to eyewitness testimony or their own investigations, there may be few defense options available to you. The one most commonly cited defense in New York assault cases and the one most likely to work in the defendant’s favor is self-defense.
New York state law upholds that all individuals have the right to defend themselves from imminent threats of death and bodily harm. If you were attacked by someone else and ended up injuring them while defending yourself, they cannot turn around and claim you assaulted them.
If they attempt to do so, your attorney can help you gather the evidence you need to prove you acted in self-defense. This may include video surveillance footage if the incident occurred indoors or eyewitness testimony if others saw the incident take place.
A False Arrest
In some cases, individuals are truly wrongfully accused of assault, and the police make an arrest based on false testimony or someone else’s mistake. If this happens to you, your lawyer may employ a mistaken identity or alibi defense. With either of these defenses, the goal is to demonstrate that you were not at the scene of the crime when it allegedly occurred, so you could not be guilty of the accusations against you.
What to Expect From Your Queens Assault Attorney
The first thing you should expect from a good Queens assault crimes attorney is a detailed investigation of the circumstances of your arrest and booking. Your attorney should first make sure that the police had probable cause to conduct your arrest, and they should also verify that the police upheld the laws of due process in the arrest and booking processes.
Once this preliminary investigation concludes, your attorney will likely move to review the police’s evidence from the scene of the crime. They will also need to depose any witnesses cited in the police report as they begin forming the foundation of your defense.
How to Be Successful
Successfully defending against assault charges in Queens typically hinges on proving innocence, exposing the faults in the prosecution’s evidence, or citing procedural errors or civil rights violations that indicate a mistrial. Some assault cases are more complex than others, and eyewitness testimony could conflict and create an unclear picture of what happened.
If necessary, our team can coordinate expert witness testimony to support your defense. For example, forensic professionals could prove that you sustained defensive wounds that occurred prior to the accuser’s injuries occurring, indicating that you indeed acted in self-defense.
FAQs About Queens Assault Laws
Does an Assault Conviction Always Mean Jail Time in Queens?
No, an assault conviction does not always translate to jail time in Queens. Whether or not a person convicted of assault receives a jail sentence depends on the circumstances of the case and the severity of the violence. Many misdemeanor assault charges, especially if the convicted individual had no prior criminal record, result in lesser sentences like community service or probation.
Where Are Assault Cases Handled in Queens?
In New York, criminal proceedings usually take place wherever the alleged crime was committed. In Queens, all assault cases begin in the Queens County Criminal Court. Felony assault charges then move to the Superior Court of Queens County. Both of these courts are housed in the same building, which is located at 125-01 Queens Boulevard in Kew Gardens.
How Much Does an Assault Lawyer Cost in Queens?
The cost to hire an assault lawyer in Queens can vary significantly based on several factors that are unique to each case. Lawyers usually set their own hourly rates, and these can be drastically different from practice to practice based on the lawyer’s experience and location. Costs also depend on the complexity of your case and the time the lawyer ultimately spends working for you. Most attorneys require a retainer fee to begin working on your case.
Does Threatening Physical Harm Constitute Assault Under New York Law?
Not usually. In some states, the act of threatening physical harm against another person, making them reasonably afraid you were going to harm them, is considered assault. In New York, such acts are usually considered menacing rather than assault. Menacing is defined in New York Law as threatening physical harm by means of brandishing a weapon, repeated threats, or other behavior designed to put the victim in fear for their physical safety.
Contact the Law Offices of Robert Tsigler, PLLC
The Law Offices of Robert Tsigler, PLLC, can provide the defense representation you need in this challenging situation. Contact us today to schedule a case review with our team, and we will let you know how we can help you with your assault case in Queens.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
Queens
Practice Areas
Assault Results
No Charges Filed
We Set the Bar Others Strive to Reach
The Assault Defense Attorneys at the Law Offices of Robert Tsigler, PLLC are Ready to Fight for You!
DON'T
DELAY
discuss your case right away.
Schedule A Consult
