New York Aggravated Assault Lawyer

When someone is charged with a crime, it is always a very serious matter. In New York, assault charges are divided into different crime categories, which are based upon various degrees of seriousness. Assault charges commenced against you will allege that you have committed either a felony or a misdemeanor.

In New York, aggravated assault is a crime and a felony. The consequences for a person that is convicted of aggravated assault are quite severe.

If a charge of aggravated assault is brought against you, contact a qualified New York aggravated assault lawyer immediately.  An assertive and determined aggravated assault attorney can fight to build a solid case for you.

What is Aggravated Assault in New York

Aggravated assault charges arise when someone causes severe bodily injuries to another person. The defendant must have acted recklessly, knowingly, and with intent to harm the victim. When there is only an attempt to cause serious bodily injury, that is still enough to punish a person with a charge of aggravated assault.

An aggravated assault is a serious charge which leads to extremely harsh punishment for the defendant. It is possible to receive a sentence of 10 years or more. Heavy fines are also typical.

In addition, a person charged with aggravated assault will be burdened with a scar on their permanent record, labeling them as a violent offender. When there is a weapon involved, the case becomes more complex, and the possible sentences and charges become far harsher.

Defenses to New York Aggravated Assault Charges Elements of the Crime Charged

In New York, defenses are available against a charge of aggravated assault. A case against someone must be proven by the state. The prosecutor for the state will not prevail in the case against them unless they prove all elements of the alleged crime beyond a reasonable doubt.

A New York aggravated assault lawyer will present evidence that challenges the existence of one or some of the elements of the alleged crime. A person has to be found not guilty if any singular element of the alleged crime is not proven by the prosecutor.

It is the responsibility of the experienced aggravated assault attorney to cast reasonable doubt upon their guilt by challenging each element of the alleged crime.

Self-Defense

Self-defense is an available defense against the charge of aggravated assault. This defense is available in situations where they were justified in committing a crime given all circumstances.

When arguing self-defense, it becomes the defendant’s burden to prove that they reasonably believed that physical force was necessary to protect themselves from physical harm from the other person.

How an Attorney Can Help

All assault charges, including aggravated assault, are very serious matters, without question. Stark realities of these charges can be extremely stressful. The heavy fines and possible jail time accompanying the charge make these matters truly daunting.

If you are accused of aggravated assault, it is of key importance that you speak with a New York aggravated assault lawyer. A determined attorney can commit to zealously fighting for you in your case, seeking the best possible outcome given your factual circumstances.