In New York State, assault crimes come with serious legal consequences. If you are accused of committing this type of offense, Raiser & Kenniff can represent you in a court of law and inform you of the wisest legal strategies to take.
Assault Law in New York State
Like in all other states, assault crimes in New York can range from a misdemeanor up to a felony conviction. The alleged victim needs to be physically injured from the assault before a conviction can be imposed upon the defendant. If there was a lack of any physical injury or you can prove that the assault was carried out in an act of self-defense, your defense attorney may use those factors to argue your case.
If you are found guilty of a misdemeanor, such as assault in the third degree, you may have to pay a fine of up to $1,000 and serve up to one year in prison. A felony assault charge carries a minimum of a three-year prison sentence and can range up to 25 years. If you are found guilty of assaulting a police officer, you could get up to 30 years in prison.
How Raiser & Kenniff Can Help
The lawyers who work for Raiser & Kenniff believe that all clients are innocent until proven guilty, and these legal representatives always attempt to put together the defense strategies in order to give each client the outcome.
Case Review: Your case will be thoroughly reviewed by an attorney who always checks over every detail carefully. Every attempt will be made to uncover new evidence that will help you in your quest for justice. If your rights were violated in any way by the arresting authorities, your lawyer will bring this to the court’s attention.
Summonsing Witnesses: If any witnesses were present at the scene of the alleged crime who could provide testimonies that may help your case, they will be called into court to give an account of all the details.
Speaking on Your Behalf: Regardless of whether or not you will be required to testify before a judge, your defense attorney will be ready to speak on your behalf at the most appropriate times. The facts of your case will be presented by your attorney in a clear, concise manner while addressing the court. If any unlawful questions are asked by the prosecution, your lawyer will immediately speak up and object to the motions.
Experience You Can Trust
With more than 30 years of combined experience, the attorneys at Raiser & Kenniff have obtained the knowledge needed to help you throughout the legal process. These lawyers are former prosecutors who know the tactics that many prosecuting attorneys use and work with clients to prepare solid defense strategies.
If you are facing assault charges in New York State, the team at Raiser & Kenniff would like to hear from you. You can schedule your consultations for the times that work for your schedule, and you will always be given adequate time to ask questions and express your concerns during every meeting.
What Is Important To Know About Assault With A Deadly Weapon
When one person engages another using a deadly weapon, they have committed assault with a deadly weapon. In this situation, the victim does not need to experience serious physical harmed by the weapon: it could have been used to threaten them. The victim only needs to believe they are going to experience imminent serious harm.
The definition is considered an instrument designed to cause a person serious injury or even death. These are weapons designated as deadly because of their design and intended use. This includes knives, firearms, martial art weapons or common objects that have the ability to be used as a deadly weapon. This could include pipes, hand tools, belts, sharp objects and more. A pet that has been trained to attack can also be considered a deadly weapon.
In New York, assault with a deadly weapon charge in covered in New York Pen. Law § 10.00(12). Assault in the first-degree happens when a person causes serious physical injury to another person using a deadly weapon. This is done with indifference to human life. It is considered a Class B felony. Second-degree assault with a deadly weapon resembles first-degree. With second-degree assault, a person intends to cause an injury and with the goal is to inflict serious injury. Second-degree assault is a Class D felony. Third-degree assault is a Class A misdemeanor. This is when a person is charged with criminal negligence if they caused physical injury to another person with a designated deadly weapon.
A class B felony is punishable by a prison sentence of up to 25 years. When the victim is a law enforcement officer, it could result in a person receiving up to 30 years in prison. A class D felony could lead to a prison sentence of up to seven years in prison. When the victim is under eleven years old, and the defendant is 18 years or old or older, it is a class E felony. This could lead to a four-year prison term. Fines involved with an assault offense could be up to $5,000. Third-degree assault is a misdemeanor. A person found guilty of this could receive twelve months in prison and a fine of up to $1,000.
Proving Assault With A Deadly Weapon
A prosecutor or district attorney must show the defendant intended to harm the victim with a deadly weapon. They must also prove a victim had a reasonable fear of serious and imminent violence. The defendant must have actually used or attempted to use physical force with an identified deadly weapon. It must be proven the weapon was deadly. It needs to be shown how the identified deadly weapon could cause serious bodily harm or death.
It’s important for a victim to have sustained a physical injury. The victim must have more than a minor injury. Should a victim experience some minor bruising, discomfort or an injury that did not leave a scar or need hospital treatment, it will be difficult to prove the victim was assaulted. According to New York Pen. Law § 10.00(10), the evidence presented in court must demonstrate the victim experienced injuries that could have caused them serious physical impairment or the possibility of death. In the state of New York, an individual is permitted to use physical force on another person to protect themselves from imminent physical harm. In New York Pen. Law § 35.15, a person is not guilty of assault if the victim initiated the violence. It’s important to realize a person can’t use any more force than is reasonably necessary to stop the threat.
Anyone who is arrested and charged with assault with a deadly weapon is in a very difficult situation. It will require the help of lawyers with experience to provide the possible defense.
Assault with a Firearm
When people who have used a firearm in the commission of an assault face criminal charges, the talents of a skilled and experienced criminal law attorney will be needed. Not only can the end result be time spent in prison, but it can also affect a person’s life in numerous ways long after the prison sentence is completed. However, even though it may seem as if all is lost, the good news is that the law firm of Raiser and Kenniff can use their knowledge and experience to ensure all of your rights are fully protected.
Defenses to Assault Charges
When an assault is alleged to have happened, the accused has numerous options to use as a defense for what happened. Here at Raiser and Kenniff, we have helped numerous people over the years defend themselves against these serious charges. Some of the defenses against these charges include:
–Defense of property
Whether defending yourself against an unprovoked physical attack, defending your home or other property, or simply protecting yourself during the course of your professional duties, Raiser and Kenniff can work with you to find out exactly what happened and plan the defense strategy for your case.
What if I’m Convicted?
While there are many factors at work when you are charged with assault using a firearm, that does not mean you will be automatically convicted. In fact, in many cases the opposite is true. By taking into account such factors as the seriousness that was done during the assault as well as the type of person who was assaulted, Raiser and Kenniff can find out the important details of the case and work to ensure a conviction does not happen. While penalties can range from as few as two years up to as many as seven years for a second-degree assault, that does not mean a conviction is impending. Therefore, it’s essential for our clients to work with us as much as possible in order to avoid a conviction that can change their lives forever.
An Aggressive Defense
If you stand accused of committing assault with a firearm, it’s a good bet the prosecuting attorney has already decided your guilt as well as the punishment you should receive. However, here at Raiser and Kenniff, we continue to believe that a person is innocent until proven guilty in a court of law. Because of our never-ending belief in the constitutional rights of each and every one of our clients, we vow to fight hard to give our clients the possible defense against these serious charges. With our extensive background working in numerous New York courts, we understand how judges and juries think when dealing with these cases. That’s why we believe an aggressive defense works from the beginning, allowing us to make sure all witnesses are interviewed, evidence is examined, and all possible options discussed.
Time is of the Essence
Needless to say, if you are facing the possibility of a jail or prison sentence, time is of the essence when it comes to proving your innocence. That’s why when you contact us here at Raiser and Kenniff, we waste no time in finding out exactly what happened. With our no-charge consultation, we make it easy for you to sit down with us, take a deep breath, and explain your side of the story. If you or a loved one are facing these serious charges, contact us immediately. Call us at 212-274-0090 or fill out our online form at www.nyccriminallawyers.com, and we will do everything possible to put your mind at ease.