Assault and battery is one of the more widely charged offenses in New York. For this reason, many people incorrectly assume that these charges are “not a big deal,” or that having an attorney is not even necessary to fight the allegations. Unfortunately, this could not be further from the truth. The potential penalties if you are convicted can be extremely harsh.
While some assaults are classified as misdemeanors — which carry serious penalties on their own — many are categorized as felonies, which come with even worse repercussions. Depending on the details, you could be incarcerated for years, or even decades. But regardless of whether an incident is labeled as a misdemeanor or a felony, no one wants to have a criminal record attached to their name. A history of violent crime could prevent you from taking valuable opportunities in the future, and you could even be passed over for employment or housing.
If you or someone you love has been charged or arrested, you need an experienced and dedicated criminal defense attorney on your side. To schedule your confidential case evaluation, call Queens assault and battery lawyer Victor Knapp at (718) 263-9000 today.
Victor Knapp: Queens Assault and Battery Attorney
Almost nothing could be more stressful and upsetting than being charged with a crime — especially a crime which could be labeled and prosecuted as a violent felony. For most alleged offenders, the justice system and associated legal procedures are completely alien, and it can very quickly start to feel like a completely overwhelming situation with no way to fight back.
Fortunately, that isn’t the case. Queens attorney Victor Knapp has decades of practical experience handling thousands of criminal cases, including a wide variety of felony and misdemeanor assault and battery charges involving both adults and juveniles. Victor Knapp has been defending the residents of New York for more than 30 years, and has been involved with high-profile cases in the media. When you need an aggressive lawyer with a record of success and a reputation for excellence, you can call on our firm to help.
New York Assault Penalties
New York is one of the few states that does not distinguish between assault and battery in connection with criminal prosecutions. The prosecution of these charges ranges from those on the misdemeanor level, to those on the aggravated violent felony level.
To put it very simply, criminal classification generally becomes worse as the level of injury to the victim escalates. Another aggravating factor which can elevate the charges is the use or threatened use of a deadly weapon.
Intent also plays a major role in classifying violent crimes. For example, negligently causing injury with a deadly weapon can lead to a 3rd Degree classification, whereas intentionally causing injury can bring the charges up to 2nd Degree and even 1st Degree if a serious physical injury is involved.
Most convictions of a violent felony offense trigger mandatory upstate jail time exceeding one year in length, in addition to subsequent post-release supervision (i.e. parole). Maximum penalties for assault in New York include:
- 3rd Degree: Misdemeanor, 1 year jail
- 2nd Degree: Class D Violent Felony, 7 years prison
- 1st Degree: Class B Violent Felony, 25 years prison
Defending Against Assault Charges
Comprehensive and detailed analysis of the alleged criminal activity is critical to building a defense. Our firm will conduct a thorough investigation, including a careful review of factors like:
- The accuracy of the identification of the alleged offender as the actual perpetrator.
- The alleged offender’s level of participation (if any).
- The alleged offender’s mental state or culpability.
- Any potential causation issues.
- The level of injury sustained.
- Possible self-defense or other justification defenses.
The bottom line is that these cases often involve serious charges — even for a first-time offender with an otherwise clean record.
Worse still, the ramifications frequently extend far into the future. For example, a conviction could have a potential negative impact on:
- Pending or future matrimonial or family court actions (in cases involving domestic violence, custody, visitation, and protective orders).
- Probation and parole status.
- Immigration status.
- Eligibility for certain licenses.
Believe it or not, the pitfalls and hazards of your charges don’t end with the criminal component of assault. A criminal conviction for this type of offense can also result in a very expensive civil lawsuit, filed by the complainant seeking substantial monetary damages.
Don’t wait any longer — the sooner we can get started building your case, the better. To schedule a private legal consultation, call the law offices of Victor Knapp today at (718) 263-9000, or contact us online.