What To Do If You've Been Arrested On Long Island For Assault
Assault in New York State is generally defined as intentionally or recklessly causing injury to another person. There are three different degrees of basic Assault, depending on the seriousness of the injury and whether there was a weapon involved. The most serious charge, Assault in the First Degree, is a Class B Violent Felony which carries a maximum potential punishment of 25 years incarceration in state prison. Even if you have a clean record, there is a mandatory minimum sentence of 5 years incarceration in state prison. This makes it imperative that you and your lawyer develop a strategy to minimize your exposure to prison time.
Assault in the Third Degree is the lowest level of Assault, and it is a Class A misdemeanor carrying a maximum penalty of up to one year in jail. Assault in the Third Degree is most commonly charged under the theory of a defendant intentionally causing physical injury to another person. As the severity of the injury increases, so does the degree of Assault. Another common Assault charge involved an Assault on a police officer. Even if the level of injury would ordinarily be a misdemeanor Assault in the Third Degree, if the victim is a police officer the crime level rises to Assault in the Second Degree, which is a Class D Violent Felony punishable by up to 7 years in state prison. Also included under the umbrella of Assault cases are Vehicular Assaults, which require their own special analysis.
There are many important considerations for you to discuss with your lawyer when deciding how to fight these charges. A common defense to any Assault charge is justification, also known as self-defense. A good lawyer will discuss all possible options with you.
If you’ve been charged with any level of Assault, it is imperative that you contact an experienced criminal defense attorney immediately to protect your rights. A good attorney will try to have you released on your recognizance, or to have bail set in an amount that you can afford. He will challenge the admissibility of forensic evidence in court, and attempt to have it suppressed. He will make sure any evidence or confessions which were obtained in violation of your constitutional rights are suppressed and not permitted at trial.
Make sure you immediately contact an experienced criminal defense attorney to discuss your options. Glenn Kurtzrock has handled numerous Assault cases of all degrees, including taking several to trial. He believes there is no such thing as a small case, and he will take your case seriously.
Call for a free initial consultation today so Glenn can start working on your case right away. We can be reached 24 hours a day, 7 days a week at 631-539-1640, and our website is at KurtzrockLaw.com. Our reasonable rates and payment plans ensure that everyone can get quality and aggressive legal representation.
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