If you have recently experienced an arrest or received a Desk Appearance Ticket (DAT) for an Assault, you may be wondering where you stand legally. Assault is generally defined as someone causing intentional physical injury to someone else. Assault can range in severity, depending on how badly the victim was injured, and what type of weapon was used in the confrontation. An Assault is classified by degree, some of which are considered a misdemeanor, and some are considered a felony. An assault accusation may also be part of another offense, such as the case with a Sex Crime, Domestic Violence, or included as part of a Drug Crime or Petite Larceny violation. If you have been accused of Assault and perhaps are awaiting your Arraignment for these charges, it is wise to consult with a New York Assault Lawyer to determine where you stand legally, and formulate a plan to best handle your situation. It is important to note that if you have received a Desk Appearance Ticket as a result of an Assault charge, you must attend your Arraignment or a Bench Warrant can be issued for your arrest.
In New York Criminal Court Assault is categorized by degrees. Assault in the 1st degree is the most serious, and is considered to be as severe as an attempted murder charge (and is a felony). Assault in the 2nd degree is considered a felony as well. Your New York Criminal Lawyer can explain to you that a felony is punishable by one year or more in prison, while a misdemeanor is punishable by anything less than a year in jail. Assault in the 3d degree is considered a misdemeanor, and requires that there was intent to cause bodily injury to another person, and an injury did occur.
If you have been charged with any of the above degrees of Assault, it will be up to the New York District Attorney to prove that the crime was committed. As Assault charge can be serious, it is important that you avail yourself of a Manhattan Criminal Lawyer who can help plan a solid defense for you.
Contact the Office of Stephen Bilkis and Associates, where we can offer you guidance and a completely free consultation when you phone us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.