NYC
Assault Lawyer

Assault Attorney in New York City

Anyone involved in a physical altercation within New York City may be charged with either misdemeanor or felony assault. All assault charges are related to violent or threatening activities committed between citizens. Each assault offense carries its own unique penalties, legal considerations, and sentencing guidelines. Regardless of your charge, it is in your interest to secure the services of a reliable NYC assault lawyer.

New York Office

299 Broadway, Suite 1400,
New York, New York 10007

718-717-1002

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Hire an Assault Lawyer

With the help of a New York City assault lawyer, you can protect your future and potentially avoid more severe outcomes. Our team is dedicated to meeting the unique needs of our clients. We know that when you hired us, it was an investment in your future. In return, we invest our time and resources into your case to pursue an acquittal, a reduction of charges, or a dismissal.

There are several benefits to hiring the Law Offices of Robert Tsigler, PLLC, including:

We offer compassionate but fierce criminal defense for those charged with violent crimes in New York City. Our firm understands how seriously these charges can affect your future, and we want to work for you.

Assault charges are considered very serious crimes, and it is essential to secure representation as soon as possible after you have been charged for the greatest opportunity to secure a positive result. The Law Offices of Robert Tsigler, PLLC, are available 24 hours a day, seven days a week.

Case Outcomes: Previous Assault Defense Victories

Case & Representation	Case Details & Strategy	Final Outcome
Assault (Top count D felony involving alleged use of a weapon), aggravated harassment, and related domestic violence-classified charges Kings County Criminal Court & Queens Criminal Court, New York Handled By: Walter Roesch Timeline: ~5 Months	The Stakes: Potential incarceration, a felony record, full stay-away orders of protection, and significant reputational harm. The client also had an active I-Card in Queens at the time of Brooklyn arraignment. The Strategy: Appeared at arraignment in both counties, secured release on recognizance, managed simultaneous court calendars, monitored the prosecution’s compliance with discovery obligations and Certificate of Compliance requirements, tracked statutory speedy trial time, and moved for dismissal.	Both cases dismissed pursuant to CPL §30.30 for failure to prosecute.
Assault in the third degree (misdemeanor) Queens County Criminal Court, New York Handled By: Joseph Caldarera Timeline: ~3 Weeks	The Stakes: A misdemeanor assault conviction with potential jail time and a permanent criminal record affecting education and employment. The Strategy: Prepared mitigation highlighting the client’s lack of criminal history, educational status, and strong family support, and negotiated dismissal in a cross-complaint case involving conflicting accounts.	The complaint was dismissed and the case was sealed.
Assault (domestic violence-related misdemeanor) Queens Criminal Court, New York Handled By: Scott Migden Timeline: ~4 Months	The Stakes: Misdemeanor assault charges stemming from a domestic dispute, with potential jail exposure, a criminal record, and professional consequences, including risk to her nursing license. The Strategy: Evaluated cross-complaint dynamics, monitored the prosecution’s compliance with discovery and readiness requirements, and strategically tracked speedy trial time to position the case for dismissal.	The case was dismissed and sealed on speedy trial grounds.
Assault (misdemeanor) Kings County Criminal Court, Brooklyn, New York Handled By: Walter Roesch Timeline: ~2-3 Months	The Stakes: Misdemeanor assault charges that could have resulted in a criminal conviction, jail time, and a permanent record, along with an active order of protection and employment consequences. The Strategy: Negotiated with the prosecution and secured a diversionary resolution, avoiding trial and minimizing long-term consequences.	Resolved with a 6-month ACD; full order of protection.
Assault, criminal contempt, and related offenses Kings County Criminal Court, Brooklyn, New York Handled By: Walter Roesch Timeline: ~12-13 Months	The Stakes: The client faced multiple charges, including assault and violations of an order of protection, with potential jail exposure and a permanent criminal record. The Strategy: Guided the client through a compliance-based resolution, ensuring completion of required programming and addressing allegations of non-compliance raised by the prosecution.	Resolved with a non-criminal violation after program completion.
Assault in the Second Degree (violent felony) Kings County Supreme Court, Brooklyn, New York Handled By: Walter Roesch Timeline: ~2 Years	The Stakes: The client faced a violent felony assault charge carrying potential state prison time, probation, and a permanent felony record. The Strategy: Pursued mitigation, negotiated with prosecutors for an alternative-to-incarceration resolution, guided the client through interim probation, community service, compliance programming, and prepared for suppression and identification hearings.	Felony plea vacated; reduced to non-criminal Disorderly Conduct.
Assault in the Third Degree (domestic violence misdemeanor) Kings County Criminal Court, Brooklyn, New York Handled By: Walter Roesch Timeline: ~4 Months	The Stakes: The client faced misdemeanor domestic violence charges that could have resulted in jail time, probation, a criminal record, and a full order of protection. The Strategy: Coordinated the client’s voluntary surrender, secured release without bail at arraignment, challenged the prosecution’s readiness throughout the case, rejected plea offers that would have required admissions, and prepared for trial.	Case dismissed in the interest of justice before trial.
Assault in the Third Degree (domestic violence misdemeanor) Kings County Criminal Court, Brooklyn, New York Handled By: Ryan Forbes Timeline: ~1 Year	The Stakes: The client faced misdemeanor domestic violence charges that could have resulted in jail time, probation, and a permanent criminal record. The Strategy: Challenged the prosecution’s evidence, including inconsistencies between the allegations and medical records, while preparing for hearings/trial, and negotiated a conditional resolution tied to program completion.	Reduced to non-criminal Disorderly Conduct after APIP sessions.
Assault (domestic violence misdemeanor) New York County Criminal Court, Manhattan, New York Handled By: Walter Roesch Timeline: ~3 Months	The Stakes: The client faced misdemeanor assault charges that could have resulted in jail time, probation, a criminal record, and professional consequences affecting his career as a pilot. The Strategy: Obtained cooperation from the complainant, pursued dismissal options, monitored the prosecution’s failure to timely proceed with the case, and rejected an unfavorable resolution that included an order of protection.	Case dismissed pursuant to CPL §30.30 and sealed.

Types of Assault

New York law covers various types of assaults. Each assault category has its own specific penalties and ranges in classifications from misdemeanors to felonies. There are three degrees of Assault:

Assault in the 3rd degree, PEN 120.00. This offense is a Class A Misdemeanor and is charged when a person intends to cause physical injury to someone and causes that injury to that person or another person. It is also charged when someone causes harm to another person recklessly. The offense also applies to physical injury caused with a deadly weapon or instrument due to criminal negligence.
Assault in the 2nd degree, PEN 120.05. This is a Class D felony. An assault offense is increased to a second-degree charge if the individual intends to cause serious physical injury or intentionally causes an injury with the use of a deadly weapon or instrument. If a weapon or instrument recklessly causes serious injury, this is also charged as a second-degree offense. This offense can also be charged if a third-degree assault is committed in specific circumstances, such as against a police officer, registered nurse, other healthcare worker, public health sanitarian, prosecutor, firefighter, emergency medical provider, or other public service employee to prevent them from completing their lawful duties. Many other circumstances can lead to this charge.
Assault in the 1st degree, PEN 120.10. This offense is charged as a Class B felony. It is the offense of intentionally causing disfiguring injuries or serious physical injury with a deadly weapon or instrument. It also includes the offense of committing reckless conduct that created a serious risk of death to another person and led to a serious injury. The offense can also be charged when a serious injury occurs during the commission of a felony or a flight from a felony to a non-participant in the offense.

In 2024, there were 41,676 arrests for first-, second-, and third-degree assault offenses in New York City. The same year, there were 38,625 aggravated assault offenses in the city, and 9% of those offenses involved a firearm.

Prosecutors decide what type of charges to pursue based on the extent of physical or emotional harm done to the victim, the motivation for the crime, and whether a weapon was utilized. It is not uncommon for assault charges to come with additional charges such as menacing or harassment. These lesser charges are added on to increase the likelihood of a conviction if the prosecution is unable to prove an assault charge.

Some of the other most common types of assaults include:

Vehicular Assault in the 1st degree, PEN 120.04. A first-degree vehicular assault is a Class D felony. It is the offense that occurs when a driver has a blood alcohol level above the legal limit and causes bodily harm to another person while operating a vehicle. If the vehicular Assault results in a fatality, the driver could be charged with vehicular manslaughter.
Gang assault in the 1st degree, PEN 120.07. When someone teams up with one or more individuals to commit an assault on another person, this is considered a gang assault in New York. First-degree gang assault is considered a class B felony and involves the aid of two or more people and results in serious physical injury to the victim.
Aggravated Assault against a police officer, PEN 120.11. Physically harming a police officer is considered a serious offense in New York. An aggravated assault of a police officer is considered a class B felony. You could face similar charges if you assault a peace officer or judge.

There are many other types of assault charges that require the aggressive assistance of a New York criminal defense attorney to successfully defend. This includes offenses like reckless Assault of a child or aggravated Assault on a child under 11.

Penalties for Assault Charges in New York

The penalties for assault charges in New York can include:

A Class A misdemeanor, such as for third-degree Assault, can lead to up to 364 days in jail and fines up to $1,000.
A Class D felony, such as for first-degree vehicular Assault or second-degree Assault, can lead to between two years and seven years of imprisonment, and fines up to $5,000.
A Class B felony, such as for first-degree gang assault or first-degree Assault, results in between five and 25 years of imprisonment, between 10 and 30 years of imprisonment for aggravated Assault against a police officer, and fines up to $30,000.

How a Defense Attorney Can Help

There are numerous ways a defense attorney can help if you have been accused of committing an assault. Your defense attorney can:

Compile evidence that may prove your innocence or at least minimize your involvement in the crime
Bring any witnesses who were present to provide testimony on your behalf
Advise you on what to say if you are called upon to take the stand and testify on your own behalf
Prepare and present an argument that highlights your version of the events to the judge or jury deciding the outcome of your case
Negotiate with the judge and prosecuting lawyer to attempt to overturn or reduce your charges
Take every measure to work to secure a fair trial

Your lawyer is there to serve in your interests. They represent you in all matters. The most important area that a lawyer can help with is bringing trust and honesty to your defense. The Law Offices of Robert Tsigler, PLLC, can give you legal guidance to help you throughout each phase of the process. Your case will be examined in a timely manner so that you can start preparing for court sooner. Call today to receive a consultation.

FAQs About NYC Assault Laws

What Qualifies as Assault in New York?

Assault offenses in New York are crimes committed when a person intends to cause physical harm to someone else or causes injury because of reckless or criminally negligent behavior. There are several factors that can increase the severity of your charges, such as if you caused a serious physical injury, showed a reckless indifference for causing risk of death, or assaulted a public service employee, like a healthcare worker or prosecutor.

How Long Do You Go to Jail for Assault in New York?

How long you go to jail for Assault in New York depends on the severity of the assault charge, and many offenses are felonies that result in prison time. The lowest form of assault charge is a Class A misdemeanor, which leads to 364 days in jail. Other forms of Assault, like a Class D felony, result in between two and seven years of imprisonment. A Class B felony leads to between five and 25 years.

Is Assault in the 3rd Degree a Felony in New York?

Assault in the third degree is not a felony in New York, but a Class A misdemeanor. However, there are many circumstances that can turn an offense otherwise classified as a third-degree assault into a second-degree assault, resulting in felony charges. This includes if the Assault is committed against a registered nurse, emergency healthcare provider, public sanitarian, firefighter, city marshal, police officer, or other public servant to prevent them from performing their legal job duties.

How Can You Avoid Assault Charges in New York?

The most effective way to avoid assault charges in New York is to hire an assault lawyer who can create a strong defense relevant to your unique charges. There are several defenses that might be useful, from challenging the prosecution’s evidence credibility to establishing an alibi. An attorney can also help you create an affirmative defense, such as self-defense. When you work with a criminal defense attorney, they can help you assess the ideal defense for your case.

NYC Assault Lawyer & Law Firm | Proven Defense Team

An assault charge on your record can have negative impacts on your personal and professional life. If you have been accused of some form of Assault, a defense attorney at the Law Offices of Robert Tsigler, PLLC, can represent you in court. Our award-winning team has decades of experience helping clients overcome criminal accusations, particularly for Assault.

With the help of your attorney, you may be able to reach an agreement that reduces any jail time or fines or possibly have your charges dismissed entirely. Contact the Law Offices of Robert Tsigler, PLLC to schedule an initial consultation with a New York criminal defense attorney. With our knowledge and experience on your side, you can confidently face the legal challenges in front of you.

We Represent Clients Across NYC

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Real Results

295 Google Reviews | 4.9/5 Ratings

295 Google Reviews
4.9/5 Ratings

Rob is a great criminal defense attorney whom I would recommend for his expertise and communication-style.

—Brad

Robert knew exactly what he was doing and he got the CHARGES DISMISSED!!! Couldn't ask for a better attorney. I definitely recommend him.

—Mike

The best criminal defense lawyer. Takes his client’s calls at any time of the day or night. He was always there for me and my family. Saved my life.

—Jacquille

I retained Robert Tsigler to help me with a criminal case. He exceeded all my expectations and was able to get a great resolution for me... He was highly respected by the district attorney.

—David

I hired Robert to defend me in a case where the cops arrested me for something I didn't do. I was really worried and angry that I was arrested for something that wasn't my fault. Robert told me to relax and that he would handle everything. He kept his word and got all the charges dropped!

—Joe

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!

Getting representation as soon as possible following any assault-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious. Only an experienced New York Assault defense lawyer can successfully defend your case.

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