Manhattan Assault Lawyer

Manhattan Assault Attorney

If you are involved in an altercation within the state lines of New York, there is a good chance you can be charged with either misdemeanor or felony assault. There are many different degrees of assault, and each of them carries different penalties. You should be familiar with the differences, and consulting an experienced Manhattan assault lawyer is a great first step toward protecting yourself against potential assault charges.

What To Do if You Are Charged With Assault

The most important thing in such a situation is to know your rights. Contact a criminal lawyer in NYC as soon as you are able. Retaining legal representation is the smartest way to immediately start protecting your rights and get started building your defense. Your lawyer will guide you on your next steps and help you understand your situation as thoroughly as they can. An experienced lawyer can only help you.

If you are arrested for assault, the situation will be determined in one of two ways:

1. Low-Level Assault: If the assault is determined to be a low-level assault, you will likely be given a criminal court date appearance in the near future that you must attend. The authorities trust you to show up in court, and you are not deemed a flight risk or a danger to society.
2. Serious Assault: If the assault is determined to be far more serious, you will likely be detained in a holding cell until you have been officially processed. You will then be transferred to a detention cell until your case is ready to be heard before a judge for arraignment. This happens if you are deemed a flight risk or a danger to society.

In both cases, you should contact an assault lawyer as soon as possible. Things may not unfold the way you expect, and you should have someone on your side who is experienced in assault cases and the legal process in general.

The Plea Process

In Manhattan, when someone is arrested and charged with assault, they are brought before a judge for an arraignment, where their specific charges are formally heard before the court. The prosecuting attorneys must convince the alleged assault victim to make a formal statement about what happened and to verify the facts of the case.

From there, both sides try to negotiate a plea deal or start building their respective cases for the trial. Depending on the severity of the case and the amount of evidence, the case could end up in a plea or a trial. It is entirely subjective. In the case of a plea deal, certain questions must be asked and answered, such as:

• What injuries did either party sustain in the alleged assault?
• What is the injured party seeking in terms of protection?
• Did the two parties know each other prior to the alleged assault, or were they complete strangers?
• Does the injured party want the alleged assaulter to attend mandatory anger management courses?
• Does the injured party want the alleged assaulter to serve jail time or community service?
• What led to the alleged assault, and were both parties at fault in some capacity?

There may be different questions or more questions, but the ultimate goal is to understand the facts of the assault and come to a reasonable conclusion regarding the facts.
With the answers to these questions, both parties will attempt to reach a solution that is acceptable to everyone. At this point, the case could still go to trial if nobody can reach a plea deal.

Types of Assault Charges in Manhattan

Assault is not a blanket charge. There are many different levels of assault, and you could be charged with one or more of them, depending on the situation at hand. Here are some of the most common types of assault charges that occur in Manhattan and the surrounding boroughs:

• Assault in the 1st Degree: This is the form of assault with the highest degree of felony charge and sentencing. It involves attacking someone in a criminally reckless and dangerous manner with the intent to cause them serious harm or death. This form of assault is the most broad and carries with it a class B felony charge, which could lead to a maximum sentence of 25 years in prison.
• Assault in the 2nd Degree: This form of assault is slightly less serious than 1st-degree assault but is still intentional and results in serious physical injury to the victim, such as a facial disfigurement or loss of a limb. This degree of assault could result in a sentence of up to seven years in prison.
• Assault in the 3rd Degree: This form of assault is the least serious assault charge you could face. It is still intentional, but the injuries were not all that life-threatening. It is typically classed as a misdemeanor and carries with it a maximum of 1 year in jail.
• Aggravated Assault: Aggravated assault is a serious charge that involves attacking someone with the intent to cause them harm, often with the use of a deadly weapon. It can lead to serious charges, including a lengthy prison sentence.
• Gang Assault: If someone joins up with a group of others to willfully attack someone, it is automatically considered an act of gang violence. A first-degree gang assault is seen as a class B felony, and a second-degree gang assault is seen as a class C felony. A class B offense carries a hefty potential prison sentence between 3 and 25 years, while a class C offense rarely goes beyond a 7-year prison sentence.
• Assault on a Police Officer: Assaulting an officer of the law is a very serious offense in New York City and could get you charged with a class C felony. Things get worse for you if you commit an aggravated assault on a police officer, which could jump the charge up to a class B and send you to prison for up to 30 years. Attacking a firefighter or a paramedic will see you face similar charges.
• Vehicular Assault: You are committing a vehicular assault if you attack someone using your vehicle. If you injure someone while driving under the influence of drugs or alcohol, it is still considered a vehicular assault. If you killed someone in a DUI situation, you could be charged with vehicular manslaughter, which carries with it a $5,000 fine and up to 25 years in prison. Vehicular assault is a class E or class D felony in New York.

FAQs

Q: Can You Sue for Assault in New York City?

A: Yes, you can sue someone for assault in New York City. Assault can be considered both a crime and a civil matter. You can sue your assaulter in civil court with the intent of seeking financial damages or other forms of relief. The assaulter can then be tried in criminal court for the same assault crime since it is the government bringing charges against them for violating state or federal law, not you.

Q: How Much Is an Assault Charge in New York City?

A: Different degrees of assault charges carry with them different penalties and sentencing. It depends entirely on the degree of your charge, the circumstances surrounding your case, and whether you were able to reach a plea deal with the prosecuting attorney. 1st, 2nd, and 3rd-degree assault charges all vary in their penalties, with jail time ranging between 5 and 25 years depending on the specific case.

Q: What Happens When You Press Charges on Someone for Assault in New York?

A: When you press charges on someone for assault in New York, the proper authorities will investigate the situation and determine if the charge is viable. If the charge is found to be viable, a warrant will be issued for the assaulter’s arrest. Law enforcement will locate and detain the assaulter, at which point the assault will be investigated. If evidence is found linking them to the assault, a case will be built against them.

Q: How Much Does a Criminal Defense Lawyer Cost in Manhattan?

A: Criminal defense lawyers in Manhattan can be costly. It depends on a number of factors, including the lawyer’s experience, their notoriety, their availability, the complexity of your case, and whether or not it goes to trial. Most criminal defense lawyers bill by the hour, with rates typically ranging between $200 and $500 an hour for more experienced lawyers. Less experienced lawyers may charge less simply to get their name out there.

Reach Out to a Manhattan Assault Lawyer Today

Facing assault charges is terrifying. An assault charge on your record can seriously impact your life for the worse, from denying you job opportunities to making it harder to support your family. You must do everything you can to challenge the charges and fight back.

An experienced Manhattan assault lawyer can be the difference between winning and losing. Contact Greco Neyland, PC, today to schedule a consultation and learn how to navigate this unexpected situation.