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Assault Crime

Queens Assault Lawyer

Defending Queens, NY, Clients Accused of Assault Violations

Facing an Arrest? Call the Law Offices of Robert Tsigler, PLLC.
Facing any type of criminal charges in Queens, NY, 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, it is vital to know your rights in this difficult situation. The right Queens assault crimes attorney can provide the detail-oriented and responsive defense counsel you need to approach this situation with confidence and understanding.The attorneys at the Law Offices of Robert Tsigler, PLLC, have years of experience providing comprehensive defense counsel to our clients throughout the boroughs of New York City. We know how New York City prosecutors operate and the methods they typically use to secure convictions. Even if your situation seems hopeless at first, our team can provide the defense counsel required to confront Queens prosecutors and mitigate the penalties possible for the charges against you.

Why Should I Hire a Queens Assault Attorney?

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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.

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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

“Domestic violence” is a blanket term to describe incidents of violence that occur within a household or among members of a family. 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 domestic violence case to arise among unrelated members of the same household, such as unmarried domestic partners or roommates.When a domestic violence case involves assault, the defendant can face not only criminal prosecution for assault under New York state law, but also face 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. 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.

Appealing a Criminal Conviction

When you are convicted of assault in Queens, NY, the judge will deliver a ruling and sentence you according to state law, adjusting the terms of your sentence according to state provisions and their own discretion. If you have a record of criminal convictions, especially those involving violent crimes, you could face a very long prison term, heavy fines, and additional penalties. The only hope of overturning the judge’s decision is appealing to a higher court. It is generally very difficult to accomplish this unless you can prove beyond any doubt that the lower court failed to address known evidence, mishandled your case at a procedural level, or if new information that proves your innocence does not become known until after your 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.

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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.

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 Queens Assault defense lawyer can successfully defend your case.
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