Brooklyn
Assault Crime
Attorney
Providing Defense Representation in Brooklyn Assault Cases
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.
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 Brooklyn assault crimes attorney. 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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