assault and battery

Assault comes in both misdemeanor and felony varieties. In this article we’ll talk about felony assault but know that a misdemeanor assault charge is no joke as it can still result in a year spent in jail, up to three years of probation and a fine for $1000.

Assault is defined in the state of New York as occurring when a person injuries another person without some form of legal justification. There are a range of legal justifications that could be relevant to a case, such as self defense or when a law enforcement officer is required to use force in the process of performing their duties. When these justifications aren’t present, an assault has occurred.

How is Assault Defined on Long Island?

Felony assault requires that the victim of the assault suffer a physical injury. The seriousness of the injury is important in determining whether a second degree or a first degree assault has taken place. It is also important to understand what is meant by acting intentionally, acting recklessly or performing the assault with a deadly weapon as these factors all play into the severity of the assault case at hand.

When it comes to assault a physical injury occurs when a victim suffers some form of pain or injury. As the name implies, this injury or pain must be of a physical nature and therefore mental pain or distress does not count. A physical injury in the state is defined as an impairment of physical condition or substantial pain. In addition, a serious physical injury is one that includes a substantial risk of death. It also includes injuries that cause death, long-term disfigurement, ill health or the impairment (or even complete loss) of an organ.

An action is determined to be intentional if the person assaulting the other wants an injury to occur. This does not necessarily mean that the defendant intended to injury the victim. If the defendant wanted to injure one person but the victim got in the way, this would still be seen as an intentional assault because the goal of the assault was to cause injury even if it wasn’t to injure the specific person that it did.

An action is determined to be reckless if the defendant was aware that their actions could result in an injury but they choose to act anyway. They knew that they could cause harm to another but they disregarded that knowledge in their actions and thereby they were reckless.

Either degree of assault could be performed with a deadly weapon. These are weapons that easily cause injury such as a knife or brass knuckles. A deadly instrument can also be used in an assault in these include vehicles or objects which aren’t directly weapons but can be used to cause a serious injury.

What are the Degrees of Assault on Long Island?

Felony assault on Long Island can be a second degree assault or a first degree assault.

• Second Degree Assault: Under N.Y Penal Law § 120.05 there are quite a few scenarios which result in a second degree assault. Intentionally causing a serious physical injury. Intentionally causing a physical injury with a deadly weapon or a dangerous instrument. Intending to prevent emergency crews, nurses, police officers or other important persons from performing their lawful duties by control of an animal. Recklessly causing serious physical injury with a deadly weapon or dangerous instrument. Giving a drug to someone without their consent with the intent of causing injury or stupor. Causing physical injury while attempting to commit another felony. Causing physical injury with intent on a victim under 11 years old by a defendant 18 or older. Intentionally causing injury to a victim under 7. Causing injury on school grounds to an employee of the school district.
• Intentionally injuring a train operator or other employee responsible for the operation of a train or bus, or traffic agents of any kind. Intentionally causing physical injury to somebody who is older than 65 by a defendant who is at least ten years younger.
• First Degree Assault: First degree assault is a less common charge than second degree assault because it only occurs when the victim suffers a serious physical injury or when they are severely disfigured by the assault or lose a body part due to it. In most cases first degree assault requires that the defendant acts with intention though there is an exception. If the assault causes serious physical injury from a reckless action that carries grave risk of death then first degree assault may be charged.

What are the Penalties for Assault?

Felony assault falls under the category of “indeterminate” term penalties. This means that there is no one-size-fits-all consequence of an assault. Instead, the penalty for the assault is determined by the judge based on the circumstances of the case in question. An indeterminate term will have a minimum and a maximum prison sentence. The minimum time must be served before you can be eligible for parole. If parole doesn’t happen then the maximum term will be served.

A second degree assault is a class D felony which has a minimum term of 3 years and a maximum of 7. If the defendant committed the assault without a prior record then a judge may be able to impose a definite period of incarceration for one year or less.

A first degree assault is a class B felony which results in a minimum sentence of 3 years and a maximum sentence of 25 years in prison.

What Should I Do if I’m Being Charged with Assault?

If you are being charged with assault then you must take it seriously. A felony assault invariably results in time behind bars. But the difference between a severe assault charge and a lesser one is often as simple as proving a lack of intent in the action taken. This can be hard to prove to a court if you don’t know what you’re doing.

That’s why it is so important to get an experienced attorney that knows how to present the facts of your case in front of a judge. Here at Mirsky Law Firm we’re dedicated to doing everything we can to help you win your case so give us a call at (516) 299-6187 to see how we can help you with your charges.

There are many laws on assault in the state of New York. The reason there are so many different levels, and with them, different degrees of penalty is because there are so many levels of injury and pain.

If you were assaulted by someone and they broke your arm, that is a severe injury, and it weighs heavily on the justice system. However, you would probably agree that a person who was assaulted and as a result of that assault will be paralyzed for the rest of their lives, that should get a much harsher punishment. Every case is different, and that is why we have different levels of the crime. The person on trial needs an experienced assault and battery attorney to ensure he or she is not charged at a higher level than they deserve.

Two Felony Assault Charges

There are two felony assault charges. The lower of the two is a Class D, 2nd-degree felony charge. The more serious is a Class B, 1st-degree felony charge.

For either of these assault charges to be waged against someone, the victim would have to have suffered significant physical harm. The person assaulting them had to intentionally or recklessly cause that harm. In each case, a weapon or dangerous item would have been used against the victim.

So, what determines which of these charges apply to us? It depends on the seriousness of the injury. As in our example above, there is a difference between a physical injury and a serious physical injury. If the victim suffers disfigurement, such as scars, cuts, or burn marks, that is a serious physical injury. If they lose the use of a body part, such as losing an eye or a hand due to the injury you caused, it is serious and is charged as a Class B, 1st-degree charge. Another factor is the weapon used and the way it was used. If someone hits you with a bat, then they intended to hurt you. But if someone threw a knife or acid into a crowd of people, they intended to hurt you and were indifferent to the fact that others could be hurt in the process.

Penalties

The penalties for both these felony assault charges are significant. The judge has a range of options. Within that range, they will determine where your crime fits best.

A class-D, 2nd-degree felony conviction usually carries a sentence of 3-years to 7-years in jail. There are times and situations where the judge can reduce the jail time. A class-B 1st-degree felony conviction carries a penalty of as low as 3-years or as high as 25-years. There are other penalties and fines that are often added to the sentence.

It is hard to say where your case will fit in the system. A qualified and experienced assault and battery lawyer can often get charges reduced, especially if this is your first offense. If this is not your first offense, that also is taken into consideration. This is a serious situation, and it is unwise to think you can handle it on your own.

The legal system in New York concerning assault and battery is massive. There are 10 different ways a person can be charged in an assault case. Often, other charges are tacked on like reckless endangerment, and civil suits can be waged as well. Why is it so complicated, and what can a Long Island assault and battery law firm do for you?

The law gives prosecutors a wide spectrum to pursue the cases against people accused of this crime. Assault and/or battery comes in many forms. If someone was hurt because you pushed them in anger and they fell, then it is assault. When you put your hands on them and cause physical injury, even if they suffer a minor amount of pain and they recover, you can be charged with a crime. If the person you pushed was a senior citizen and they broke their hip or their leg, that is a serious injury. They will suffer more and for longer than a younger person, yet the crime was the same.

The prosecutor is going to have the right to charge the offender in a different degree so that they will be appropriately punished.

If a person used a stick to strike you and you were bruised or cut, then this is an assault with a weapon. But it will not carry the same penalty than an assault that occurred to purposely hurt you, like if someone drove their car into a crowd of people.

How Can Having an Attorney Help You?

Your criminal defense attorney is there to make sure all the facts are presented. They are going to go over every piece of evidence and thoroughly examine the entire case.

Their job is to determine where your case falls in the legal system and to ensure that your side of things is clear. Their job is to get your sentence reduced or dismissed.

How Did The Issue Arise?

Much of an assault case pivots on one factor. Was the victim hurt, and if they were, how seriously were they hurt? Your attorney will go over every witness statement, every doctor bill, and they will observe the person who is accusing you.

Here are some of the things your attorney will ask in your case:

• Was the person really hurt?
• Did they go to the emergency room?
• Was there a physical injury?
• What proof do they have of this?
• Who started the confrontation?
• Did the victim strike or threaten to strike the accused?
• Is there a history between the victim and the accused?

An experienced attorney knows that many times people exaggerate their injuries because they see dollar signs. They may be planning on bringing civil charges against you. Sometimes they want revenge for something that happened in the past. It is rare when random strangers start hurting each other for no apparent reason. There is usually something behind the act that escalated it to this level.

The prosecutor is not going to look at those facts. Unless you have an assault and battery attorney working on your behalf, these things may never come to light.

Many things are considered when an assault charge is brought. Make sure you have someone who will explain your side. The difference can come down to a misdemeanor charge or a Class-B felony charge. Make no mistake, your life is going to be affected. Hire someone to reduce that impact.

When we hear the term assault and battery, we think of a violent crime where someone has been injured. Assault and battery are not the same crime. They are two separate crimes, each with their own penalties and punishments. The two crimes often occur at the same time and therefore we hear them grouped together. If you are ever accused of assault or battery, our assault and battery attorneys believe it is important that you know the difference.

Assault

Assault is the intentional threat of physical harm, using words or actions, with the ability to carry those actions out. If the words or actions created a fear in the victim that violence was imminent, (example, raised fists or getting very close in a threatening way) they have been assaulted. No physical contact mustbe made for a person to be charged with and convicted of assault. If someone is waving a club around or a branch and they accidentally strike and injure the other person that is assault. But because the person was touched, it can also be a battery charge.

There are different levels of assault; it depends on the seriousness of the crime. You can be charged with assault for touching someone that did not want you to have contact with them. This includes sexual assault, but it doesn’t have to be. If the victim felt scared because your hand was anywhere on their body, you can be charged with assault.

Assault can be 1st, 2nd, or 3rd degree depending on the seriousness of the crime. It can also be a misdemeanor or a felony.

Even charges for minor offenses will follow you for the rest of your life. You will at the very least get probation, a permanent mark on your record. But on the other end of the spectrum, it can cost you thousands of dollars and jail time.

Battery

Battery is a more serious crime, and it carries harsher penalties. A battery occurs when contact is made with the victim. If someone threatens to strike you with a club, that is assault. If they strike you with the club, that is battery. As with assault, there are different degrees of the crime, and the punishment varies. Also, in New York, if you touch someone in a sexual way or harm them physically, they can bring an additional legal action against you. The courts could order you to pay them for the trauma, and if they had to seek medical help because of your action, you could be held liable for that as well.

It is very important that a person charged with assault or battery hires one of the most experienced assault and battery lawyers. As you can tell, the small details of the incident can make a huge difference.

There are several defenses that should be considered. They include:

• Self-defense
• Lack of intent
• Consent
  • This could apply if the battery took place during a contact sport

It takes a qualified and experienced criminal defense attorney to handle assault and battery charges in New York. A conviction could change your life. The consequences are serious; even a minor penalty is one you do not want to pay for in the future.

As assault and battery lawyers, we know that assault is a very serious crime. It carries harsh consequences. The state of New York, in recent years, has defined and adjusted assault laws to protect victims and to help convict those who hurt others.

At this point, there are 10 different ways you can be held accountable for assault in New York. We will give you an overview of the most commonly used laws. There are various ways that the charges can evolve. It depends on the extent of someone’s injuries, if a weapon was used, and if it happened while you were trying to break another law.

Assault is when you cause pain to someone else. You may have shoved the person, and there are no lasting injuries. If the person reports that they felt pain, it is an assault. The different levels of assault are deep and long-reaching. The charges can be stacked on a person. You may be charged with assault, but due to the way it was carried out, you could get charged with reckless indifference, battery, and any number of other charges. There are times when your assault conviction opens the door for civil suits against you for payment for pain and suffering, stress, and other issues. The charge of assault has a wide spectrum, and you do not need to take it lightly.

If you have been charged with assault, you need to contact an assault and battery lawyer. You need someone who understands the complexity of the laws.

Assault in the 3rd-degree

Simply put, if you cause injury to someone or in your attempt to cause injury to them, you injure someone else. That is a 3^rd-degree assault charge. An example of this is if you are angry at me and try to hit me, but you missed and hit the person next to me, you have assaulted them. It doesn’t matter if that was not your intent. This is a misdemeanor charge.

Assault in the 2nd-degree

If you show intent to cause someone injury or if by trying to injure someone with a dangerous weapon, you injure someone else, this is a 2^nd-degree charge. Depending on the circumstances, this can be a misdemeanor, or it can be charged as a felony which carries fines and up to 7-years in jail.

Assault 1st degree

Assault in the 1st degree is when you cause injury to someone else, using a deadly or dangerous instrument and that you intended to cause the injury. It is also an assault when you injure someone, and you intended to hurt them seriously or disfigure them permanently. The charges become even more serious if it is proved that you injured someone in a way that showed you had a depraved indifference to human life. Finally, assault is when you seriously injured someone while committing a felony act.

Example: You were attempting to rob a store, and a fight breaks out. Another customer gets injured. Though it was not your intent to hurt them, they were hurt because you were trying to rob the store. This is a felony which carries mandatory jail sentences that can range from 5-years to 25-years.

Assault is complicated and is usually the gateway for other charges. If you are being charged with assault, please contact an assault and battery attorney.

The crime of battery is often coupled with assault charges. They are two different crimes, but battery cannot happen without assault. Battery is when you physically strike, hit, and/or (sometimes) grope a person without their consent. This is a serious charge that will impact your life if you are convicted. The degree of the charge, depends on the seriousness of the crime, the amount of damages that occurred, and if a weapon was used. These different factors of the crime will affect the level of the charges brought against you. We will explain the commonly used laws, but urge you to contact an assault and battery attorney if you are being charged with battery. It is not uncommon for the degree of a battery charge to morph the crime from a misdemeanor to a felony.

Battery in the 3rd-degree

This is the sister charge to assault in the 3rd degree. If you injured someone and intended to do so, you committed battery. It does not matter if the pain was minimal (like a slap in the face) or if the person did not seek medical attention. If you strike them or strike someone other than them while trying to strike them, you can be charged with battery. This carries fines and up to 1-year in jail.

Battery in the 2nd-degree

This is the next step up in battery charges, and the penalties are harsher. If you assault someone, and intended to hurt them, (even if you do not seriously hurt them), and caused some harm to come to them, it could be battery in the 2nd-degree.

As you see the difference between 3rd-degree and 2nd-degree depends on various factors in each case. Of course, your attorney will be working to get the charge reduced to the 3rd-degree misdemeanor charge. If you caused significant bodily harm (such as a broken bone) the charge is usually 2nd-degree battery, which carries a mandatory jail sentence of up to 5 years in jail.

The difference in these charges can be due to how you assaulted them. If you used a deadly weapon or hurt them with complete disregard of what could happen to them or others, then your punishment will be more severe.

Battery in the 1st-degree

While there are various factors that could affect the weight of the charges, the next big step is battery in the 1st-degree. This is when you used a deadly weapon and hurt someone. You intended to hurt them, and they were harmed significantly. A deadly weapon can be anything from a gun or knife to an automobile or baseball bat. If it was used as a weapon to hurt someone and they were hurt, the charge becomes 1st-degree battery, and the sentence can range from 5-years in jail to 25-years in jail. There are also significant fines, and you could also be charged in civil court for damages.

The justice system will do everything within their power to maximize the charges. There are so many factors that can directly affect this type of case. Only experienced assault and battery attorneys will do. If you are facing charges of this nature, understand they can quickly grow. Contact an attorney right away.