Assault & Battery Attorney in Commack, New York

In 2020, felony aggravated assault accounted for 66% of all violent crimes in the state of New York. Nearly 47,000 aggravated assaults were reported. Although a felony assault conviction is more serious than a misdemeanor assault conviction, both are still violent crimes — a label that can haunt you for the rest of your life.

Any assault conviction on your record can affect your employment or housing opportunities and personal relationships for the rest of your life. It can affect your ability to remain in the United States if you are an immigrant. You can lose driving privileges or the right to own a firearm. With so much at stake, you should seek counsel from an experienced New York criminal defense attorney.

Whether or not you committed the offense and regardless of the circumstances surrounding the incident, you deserve the best legal defense possible. At the Law Offices of Douglas M. Reda, I have been putting my previous experience with criminal prosecution to work for the defense of my clients in Commack and Woodbury, New York, in Nassau and Suffolk counties, and in Central Islip for more than 45 years. Reach out to me today to schedule a consultation.

Assault & Battery in New York

Misdemeanor assault is improperly causing someone to suffer a physical injury either intentionally or recklessly. It also includes carelessly injuring someone while using a deadly weapon or instrument. Either definition constitutes a Class A misdemeanor offense in New York.

For example, someone may be charged with misdemeanor assault if they hit someone with a chair, causing injuries to that person. If someone shoves another person, causing that person to fall and be injured, this also may result in a charge.

Aggravated assault is the attempt to cause serious bodily injury or to cause serious bodily injury purposely, knowingly, or recklessly. Aggravated assault includes attempting to cause or causing purposely or knowingly bodily injury with the use of a deadly weapon, sexual assault, or malicious assault. Other aggravating factors include harming children or the elderly, using a vehicle or driving under the influence, and assaults committed by persons in authority, such as law enforcement officers, daycare workers, or other care providers.

The seriousness of the injuries and the extreme indifference to harming another person raises these assaults to either Class B or Class D felonies.

Examples of felonious assault include an intoxicated adult who intentionally drives a vehicle into people, or striking a store clerk in the face with the butt of a firearm during a robbery attempt.

Possible Penalties

A Class A misdemeanor assault conviction can result in a jail term not to exceed one year or three years of probation, along with a fine of up to $1,000.

Penalties for a Class D felony conviction for assault in the second degree include a maximum prison term of three to seven years. With a first conviction (if deemed to not be a persistent offender), the judge can order a definite term of incarceration of one year or less.

Penalties for a Class B felony conviction for assault in the first degree include a prison term of three years or up to 25 years.

Potential Defenses

A criminal defense attorney will work diligently to defend you against assault charges, based on the circumstances of the incident. Possible defenses include:

• You injured someone during an act of self-defense

• You injured someone while defending someone else who was at risk

• You injured someone while defending property

• You injured someone during an activity to which they consented, such as playing a sport

• You injured someone while performing a job, such as a bouncer or security guard

• The accusation was a case of mistaken identity and you didn’t assault anyone

Work with a Skilled Defense Attorney

The damage a misdemeanor or felony assault conviction can do to your future is severe. Guilty or not, you are entitled to the best legal defense available to mitigate the conviction and penalties or have the charges dismissed altogether. You need a tough, compassionate, and knowledgeable criminal defense attorney representing you.