Best Assault & Battery Lawyers in New York

About Assault & Battery Law in New York, United States

Assault and battery are criminal offenses in New York State, but it is important to note that New York law distinguishes between "assault" and "battery" differently than some other states. In legal terms, New York primarily prosecutes these acts under various degrees of assault, focusing on causing physical injury or intending to do so. Assault involves intentionally or recklessly causing physical harm to another person. Battery, as a separate offense, does not technically exist in New York's penal code - behavior often described as "battery" is generally included under the various degrees of assault.

Why You May Need a Lawyer

Legal matters involving assault can be complex and carry severe consequences. Some common situations in which you may need an attorney include:

• If you have been arrested or charged with assault in any degree.
• If you are a victim seeking justice or protective orders.
• If you have been accused and believe you acted in self-defense.
• If you are facing misdemeanor or felony charges and want to understand your rights.
• If you are involved in a civil case related to assault.
• If you need help navigating plea bargains or court proceedings.

Having a qualified lawyer can help protect your rights, guide you through complex legal processes, and strive for the best possible outcome in your case.

Local Laws Overview

Assault offenses in New York are mainly covered by Article 120 of the New York Penal Law. The degrees of assault and related terms are as follows:

• Assault in the third degree (Class A misdemeanor): Causing physical injury to another deliberately, recklessly, or with criminal negligence using a weapon or dangerous instrument.
• Assault in the second degree (Class D felony): Involves causing serious physical injury, the use of a deadly weapon or dangerous instrument, or assaulting protected individuals like firefighters, police, or children.
• Assault in the first degree (Class B felony): Causing serious injury with a deadly weapon or under circumstances that show depraved indifference to human life.
• Menacing: Placing another person in fear of imminent physical injury or death is prosecuted under menacing and related statutes.
• Reckless Endangerment: Putting someone at risk of physical injury can also be prosecuted even if no injury results.

Penalties for assault offenses may include jail time, probation, fines, orders of protection, and lasting criminal records. New York takes assault cases very seriously, and legal defenses or plea negotiations are best handled by lawyers familiar with local laws.

Frequently Asked Questions

What is the difference between assault and battery in New York?

New York law prosecutes both behaviors under the term "assault." The term "battery" is not used separately in New York's criminal statutes. Any act that causes physical injury or unwanted physical contact would generally fall under degrees of assault.

What are the possible penalties for assault in New York?

Penalties vary depending on the degree of assault. They can range from up to one year in jail for a misdemeanor (third degree) to 25 years in prison for a first degree felony. Other consequences might include probation, fines, restitution, and criminal records.

Can I be charged with assault even if I did not physically harm anyone?

Yes. Attempting or threatening to harm someone, or placing them in fear of imminent injury (menacing), can result in criminal charges even if no physical injury occurs.

What is considered self-defense in New York?

Self-defense is a legal defense where you must show you reasonably believed it was necessary to use force to protect yourself or another person from imminent physical harm. The force used must be proportionate to the threat faced.

Can assault charges be dropped if the victim does not want to press charges?

No. In New York, the decision to prosecute rests with the District Attorney, not the victim. Even if the victim decides not to cooperate, the case can continue if the prosecution believes there is sufficient evidence.

Are there any specific protections for victims of assault?

Yes. Victims of assault may be eligible for orders of protection through criminal or family court, and may access support services through local agencies and the New York State Office of Victim Services.

What is the statute of limitations for assault charges?

For misdemeanors, the statute of limitations is generally two years from the date of the incident. For most felonies, it is five years, but serious assaults may have longer or no time limit. Always consult an attorney for specific guidance.

What happens if I am arrested for assault?

If you are arrested, you will be booked and may be held for arraignment. You will have an opportunity to enter a plea, apply for bail, and ask for a lawyer. It is important to exercise your right to remain silent and request counsel immediately.

Can assault lead to a civil lawsuit?

Yes. Aside from criminal charges, individuals harmed in an assault may sue for damages in civil court for medical costs, lost income, pain and suffering, and punitive damages.

How can a lawyer help if I am charged with assault?

A lawyer can examine the evidence, develop legal defenses, negotiate plea deals, represent you at trial, and pursue favorable sentencing options. Having legal representation helps ensure your rights are protected throughout the process.

Additional Resources

• New York State Office of Victim Services: Offers compensation and support for crime victims.
• New York Legal Aid Society: Provides free or low-cost legal assistance for those who qualify.
• New York Courts: Information on criminal court proceedings, orders of protection, and filings.
• District Attorney’s Office: Victim witness programs and prosecution information.
• Local Bar Associations: Referrals to qualified attorneys in your area.

Next Steps

If you are involved in a situation relating to assault in New York, it is important to act quickly. Your next steps should include:

• Consulting an experienced criminal defense or personal injury attorney who understands local laws and court procedures.
• Gathering any evidence or documentation related to the incident, such as medical records, photographs, witness contact information, and police reports.
• If you are a victim, seeking immediate medical attention and contacting local law enforcement and victim support organizations.
• Do not make any statements to police or other parties without first speaking to a lawyer.
• Be aware of any court dates or deadlines and follow all instructions from your attorney.

Legal matters involving assault can have a significant impact on your life. Getting qualified legal advice as soon as possible can help protect your interests and guide you toward the best resolution for your situation.