In the State of New York, assault charges are separated into several levels of severity depending on what happened during the incident. When someone is charged with causing physical injury to another person, it is considered basic assault. Higher levels of assault take into consideration what the person’s intent was that is charged with the crime. This can be determined by whether they used a deadly weapon, what the age and mental capacity of the victim was at the time of the crime and whether the victim was a law enforcement officer.
The prosecutor must prove that the individual meant to cause serious physical harm to be convicted of first or second degree assault and this must be proven beyond a reasonable doubt. An experienced attorney is vital in this type of case to keep the prosecutor from meeting this requirement. Lower levels of assault charges only need to have the prosecutor prove that the individual was acting recklessly or was criminally negligent while using a dangerous weapon. In these level cases, the prosecutor does not have to prove intent to cause injury but these charges still carry some hefty penalties so having a knowledgeable attorney is still crucial.
The most serious assault charge is the aggravated assault charge that consists of the following:
• Attempt to cause serious bodily harm
• Attempt to have sexual activity with an individual less than 14 years old
• Attempt to cause serious bodily harm by using a deadly weapon
This assault charge is usually paired with a charge of aggravated battery which creates a double chance of a conviction. There are two crucial parts to an aggravated assault charge:
• The victim was someone that the defendant should have known was a law enforcement officer
• The victim is a child less than 11 years old and the defendant is over 18 years of age and has committed a third degree assault against the victim and has also been convicted of a similar crime within the previous three years
Individuals facing an aggravated assault charge need an experienced attorney on their side. It is imperative that you contact our highly qualified attorneys to help you launch a successful defense in your criminal case. You do not want to face this type of charge without a skilled attorney to help you steer through these charges and help you face these serious penalties with an effective defense.
What Should You Do When You Are Charged With Assault
It is very serious if you are charged with any form of assault in New York. If you are facing these charges, you cannot do it alone you need the support of an experienced attorney and the representation of a skilled criminal defense team to be at your side. It is imperative to contact one of our attorneys as soon as possible to help create a successful defense against these charges. The sooner you contact our attorneys the better your defense will be. Our attorneys will help you design an effective defense to help you achieve the best possible outcome for your case.