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Assault is a serious allegation many people face each year in Long Island. Some people are falsely accused of assault by those who are looking for a quick payout, for custody of their kids, to hurt someone, or even because they mistakenly identified someone. Others are absolutely guilty of committing assault against a victim, and some people are facing very serious charges for their alleged crimes. If you’ve been arrested and charged with assault in Long Island, you must call criminal attorney to help you with your case.
What is assault?
Assault is a broad term that takes on different meanings in various situations. It’s typically described as a physical occurrence with another person, but the severity of the crime depends on several factors. One factor is the age of the victim, the other is the type of assault, and another factor is whether assault was intentional and planned in advance before it occurred.
There is no one way to define assault, to determine what kind of punishment a court of law might issue to someone who is charged with assault, or to determine how easy or difficult a case might be to prove. It’s all very specific, and that’s why you need a criminal attorney on your side when you are arrested and charged with assault.
Types of Assault
Long Island law recognizes various types of assault. Assault in the first degree is considered any injury intentionally caused to a victim with a weapon. It’s punishable with jail time and serious fines. Assault in the second degree is punishable by up to 7 years in a prison facility as well as fines. It’s defined as any assault in which serious physical injury was intentionally caused to another person, and the injury must be one that could cause death.
Assault in the third degree is any sort of intentional physical harm was caused with the use of a weapon that’s considered negligent. The injuries in this kind of case are usually minor, and the accused faces fines and up to one year in jail for his or her crimes.
The catalyst of any assault case in Long Island is the previous criminal history of the accused. If you are being charged with any form of assault and it’s not the first time, you will face heavier fines, longer prison sentences, and more serious consequences all the way around.
If the victim was a child, an elderly person, or someone with a disability that doesn’t allow them to fight back, it’s even worst on the person accused of this crime. Calling an attorney is the only way to guarantee you get the defense the law has to offer. Handling a criminal case such as this without inside knowledge of the law is dangerous.
Defending Assault Charges
Our attorneys are well-versed in finding a way to defend you in court. One of the most common defenses against assault is self-defense. Were you merely trying to save yourself or someone else from imminent danger when you harmed another person? For example, were you only defending yourself when you caused injury to another person because you were removing that person from harming someone else?
A good example of this would be a child being attacked by an adult when you step into intervene, causing the attacker to suffer serious injuries. You didn’t intend to harm this person, but you did what you had to do to save someone’s life. Lack of intent is another defense. You didn’t intend for harm to occur, but it did. A good example of this is when you fall on top of someone and hurt them by accident. There’s also the defense of consent.
Were you involved in a wrestling match in which you both knew the risks involved? If the victim was injured, he or she knew it was possible and that’s the extent of that crime. Our attorneys can help you figure out a defense. It’s also common for the victim to misidentify the perpetrator, which is another good defense.
Being accused of assault can carry a long and hefty consequence if you are arrested, charged, and convicted. It might mean you spend time in jail. It might mean you face financial hardships, and it might cause you to have a criminal record. A criminal record makes it difficult for you to find a good job, it makes it difficult for you to live your life as a normal person, and it might mean jail time in which you lose years of your life.
It’s time to do yourself a favor and call a criminal defense attorney to help you get through this time in your life. If we can’t prove you did not commit any crimes, we can at least work on a reduced sentence in which you are able to find freedom much sooner. Call now and help yourself.