Defending Queens, NY, Clients Accused of Assault Violations
Why Should I Hire a Queens Assault Attorney?
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.
Police officers and federal officers who conduct criminal arrests must read a suspect their Miranda rights when performing an arrest. They will inform the suspect of these two rights, and it is vital that the suspect take full advantage of both of them. 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 are able to make your phone call after booking and contact a Queens assault crimes attorney 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 ensure their clients’ constitutional rights remain protected throughout each phase of the criminal court process. They also closely examine prosecutors’ actions to ensure 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.
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.
Do Queens Assault Lawyers Help Solve Crimes?
Attorneys play active roles in criminal cases on both sides. Prosecutors with the local district attorney’s office are responsible for working with law enforcement to secure convictions and keep their communities safe. Defense attorneys act as a check against abuse of power, ensuring that due process and the US Constitution remain respected through all criminal court proceedings.
Your defense attorney may not strive to solve crimes necessarily, but it is common for defense attorneys who represent wrongfully accused clients to eventually uncover the true culprits behind the charges levied against their clients. For example, if you are wrongfully accused of assault due to mistaken identity and being in the wrong place at the wrong time, your attorney’s defense in your case may revolve around gathering evidence that proves you were not responsible for the assault in question. The evidence they gather could even potentially help law enforcement identify the person actually responsible for the incident in question.
New York Assault Offenses
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 felony depending on the circumstances in play.
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.
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
Appealing a Criminal Conviction
Liability for Personal Injury After Assault
If you are charged with assaulting another person in Queens, NY, 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.
Depending on the severity of the assault, the victim could have sustained severe damages beyond immediate medical expenses. The victim of an assault has the right to seek compensation for immediate and anticipated future medical expenses resulting from the incident in question. If their injury prevented them from working for an extended time, they have the right to claim lost wages as well. New York state law also allows personal injury victims to claim compensation for their physical pain and emotional distress.
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
There are few available defenses when you are charged with assault in Queens, NY. 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 in the course of defending yourself, they cannot turn around and claim you assaulted them. If they attempt to do so, your Queens assault crimes attorney would help you gather the evidence you will 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.
What to Expect From Your Queens Assault Attorney
Working with the right defense attorney can make a significant difference in the outcome of any criminal case, especially one as potentially dire as an assault case with years of prison on the line. The Law Offices of Robert Tsigler, PLLC, want to provide the comprehensive and responsive legal counsel you need to navigate your assault case with clarity and understanding.
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 ensure 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.
Successfully defending against assault conviction 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 experts could prove that you sustained defensive wounds that occurred prior to the accuser’s injuries occurring, indicating that you indeed acted in self-defense. This is just one example of the value an experienced Queens assault crimes lawyer can be instrumental in helping you avoid conviction in an assault case.
If you or a loved one has been accused of any type of assault, including domestic assault, you need a defense attorney you can trust. The sooner you exercise your right to legal counsel and retain a defense lawyer, the better your chances will be of avoiding the worst penalties or proving your innocence. 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, NY.
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