In New York State a person commits an assault against another when he/she intentionally or recklessly causes physical injury to another person. The seriousness of the assault depends on the nature of the injury, whether a weapon was used and whether the injury occurred in furtherance of committing another crime. Assaults can be charged as misdemeanors or felonies. Generally, misdemeanor assaults involve injuries that are not caused by using a weapon or dangerous instrument. Felony assaults often involve injuries that were caused by the use of a weapon or dangerous instrument. Additionally, a felony assault can be committed when person inflicting the injury intended on inflicting serious physical injury with or without a weapon and in fact caused the person to have serious physical injury.
I Was Involved In A Fight That I Did Not Start And I Got Arrested And Charged With Assault? Can Your Office Help Me?
Yes we can. In most cases where there is a fight, the arresting officers are not present when the fight begins. Therefore, they do not know who started the fight or the reason for the fight. By the time the officers arrive at the scene, they just see injured parties. If someone points you out as the person that injured them and the police officers actually see injuries on the other person, you will get arrested. If the police officers see injuries on you, the person or persons that caused your injuries will get arrested. This is known as a cross-complaint. You will both be processed at the precinct and a court case will be initiated.
There are various defenses that can be asserted in defending an assault case. Sometimes the injuries were caused by accident and sometimes the injuries were caused because a person is defending themselves. An experienced attorney will know how to defend your assault charges.
Can I Get Arrested For Threatening Another Person?
Yes, under New York Law, a threat to cause physical injury to another person can get you arrested. There is crime called menacing called Menacing which is a misdemeanor. Menacing is when you place somebody in fear of physical injury. Menacing occurs by displaying what appears to be a weapon or dangerous instrument and then causing a person to fear physical injury. Menacing can also be committed by physical menace such as making a fist and threatening to punch a person who then feared physical injury. Unlike assault, menacing does not require any proof of physical injury.
Therefore, people making these allegations tend to exaggerate or make false allegations in order to get a person arrested. When the police arrive at the scene, people tend to try to talk themselves out of an arrest by the police. Sometimes this can make the situation worse because there may be admissions that are made during that conversation with the police that can be used against you in the criminal case. Therefore, if you are ever contacted by the police and they inform you that they’re going to arrest you for assault or menacing, do not make any statements to them and contact a criminal lawyer to protect your rights.
You may consider it a misunderstanding but the police consider it a crime. If you get arrested for assault, contact the attorneys at Watford Jackson, PLLC.
People v. Paterson
Client charged with Attempted Gang Assault in the First Degree. Four months later, during an adjournment period, the District Attorney attempted to reduce the charges off calendar to misdemeanor assault and other related charges. At the appropriate time, Mr. successfully filed a motion to dismiss on the grounds that the client’s speedy trial rights were violated when the District Attorney’s office failed to comply with Criminal Procedure Law when they did not follow the proper procedure for reducing a felony to a misdemeanor off calendar.
Assault refers to the intentional or reckless threatening of a person to another, and is considered a criminal offense. Anyone facing an assault charge can get help and guidance from an Assault Lawyer in New York, NY. An experienced New York Assault Attorney knows how to defend an assault case and the complications that can arise in such cases. Contacting an Assault Lawyer in New York City is easy. Call Watford Jackson, PLLC at 1-855-(928-5225) to talk to an Assault Attorney in NYC. We serve in New York, New York City, NYC, New York County, Brooklyn County, Queens County, and Bronx County. You can schedule a Case Evaluation with our Assault Lawyer in New York County very easily. You can also visit us at 101 Avenue of the Americas, 9th Floor, New York, NY 10013 to discuss your case with an Assault Attorney in Brooklyn County. Our Assault Attorney in Queens County and Bronx County Assault Lawyer will be happy to assist.
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