Assault Defense Attorneys In Red Hook
In New York, assault is a criminal charge that can mean time in jail, fines and substantial harm to your reputation in the community. It’s a dire situation, whether your charge is classified as a misdemeanor or a felony. And you will want representation you know you can rely on to take care of your best interests.
At the Law Offices of Michael Pollok, PLLC, our attorneys have worked in Red Hook for years, providing information and insight on criminal charges facing our clients. An assault charge defense has several important dimensions that guide how our lawyers will approach your case. But no matter what, they will talk to you about what’s ahead and make sure your needs guide their strategies and tactics.
How To Build An Assault Defense
New York’s assault law has two factors to it: causing harm to another and the intent behind the harm. If there was no intent to hurt a person, then there was no assault. This is a viable, effective defense in the case of accidents or any other altercations where harm was not intended but happened anyway.
When we bring you in to talk about your case, the first thing our attorneys will do is look closely at the facts of your charges. Then, they will build a defense tailored to your situation.
Answers To Your Questions About Assault
It’s necessary to find answers to the pressing questions on your mind when police pursue assault allegations against you. Our conversations with clients often start with questions like those below.
What is the difference between misdemeanor assault and felony assault?
In New York, third-degree assault is the least serious assault charge, and it is a misdemeanor. It is the charge that results from a person intending to cause harm and then causing such damage to another individual. This is the minimum bar for assault under state law and is eligible for up to one year in jail.
Felony assaults in the second and first degrees are far more severe. A second-degree assault charge can occur when the victim suffers a “serious injury.” First-degree assault is applicable when the accused intended to cause serious injury or used a deadly weapon. Both of these felony charges carry much longer sentences and potentially higher fines.
Can an assault charge be dropped if the alleged victim does not want to press charges?
The ultimate authority that can drop a charge is the prosecution, and they will only drop charges if they believe it will be more difficult to secure a conviction. However, victim cooperation in these charges is important, and if a victim does not wish to testify, then that can greatly increase the chance of a dropped charge.
How does self-defense work as a legal justification against assault charges?
Claiming self-defense in an assault charge is a risky maneuver, as it does not challenge any part of the allegation. It is what’s called an “affirmative defense,” and if you cannot prove that you legitimately feared for your safety, then you may face the full charge. That said, self-defense is often quite effective as a defense.
Get Help Today
Assault charges don’t have to hang over your head and disrupt your future. Our team can help you take control and move forward. Call 845-406-9349 today for a free consultation or send an email using this form.