New York Second-Degree Assault Lawyer

Whenever criminal charges are brought against you, it certainly is a very serious matter. Assault charges in New York come in various degrees of seriousness. Assault charges brought against you will allege that you have committed either a misdemeanor or a felony.

The difference in degrees is determined by a variety of factors, including how an injury occurred, the severity of the assault, who the victim was (policemen, for example), as well as additional factors.

In New York, if a charge is brought against you, immediately contact an experienced New York second degree assault lawyer. An assertive and committed second-degree assault attorney is prepared to battle for your defense.    

What Constitutes Second-Degree Assault?

In New York, second-degree assault is divided up into twelve different scenarios.  When a defendant does any of the following acts, a second-degree assault occurs:

  • Seeks to prevent police officers, or other persons, from performing a lawful duty by causing physical injury to said persons
  • Intentionally causes serious physical injury
  • Through reckless conduct, causes a serious physical injury by means of a dangerous weapon
  • Intentionally causes physical injury with the use of a dangerous weapon
  • Seeking to commit a felonious act, or by fleeing thereafter, and furthering the crime or their escape, causes physical injury to another
  • When there is an injury, it can be caused by the defendant or by an accomplice
  • Provides a substance or drug to a person without that individual’s consent, with the purpose of causing stupor or some other impairment
  • If an adult intentionally inflicts injury to a person who is less than seven years of age
  • After being convicted of a crime and incarcerated, causes, intentionally, physical injury to another. If the defendant harms another individual other than the intended victim, assault in the second degree still occurs
  • Intentionally causes physical harm to a person connected with the operation of a bus or train, to a person connected to traffic enforcement, or to a nurse
  • A defendant causes physical harm to a student or an employee of a school while on school grounds
  • Intentionally causes physical harm to a victim who is 65 years old or older, provided that the defendant is ten or more years younger than the victim
  •   Defenses to New York Assault Charges

    There are a number of defense strategies against a charge of assault in the second degree in New York. The burden of proving a case against someone rests exclusively on the prosecutor, who cannot prevail in their case against the defendant unless they prove all elements of the crime beyond a reasonable doubt.

    An experienced second-degree assault lawyer will, in a person’s defense, seek to present evidence that calls into question the existence of one or more of the elements of the crime. 

    They must be found not guilty if any one element of a charge is not proven by the prosecutor. It is the responsibility of the experienced assault lawyer to seek to cast reasonable doubt upon a potential client’s guilt by challenging each element of the crime alleged.

    Self-Defense

    Self-defense is a defense against assault in the second degree, and applies when the circumstances were such that an individual was justified in committing a crime. When arguing self-defense, it is the defendant’s burden to prove that they believed that physical force was required in order to protect themselves from physical harm from another.

    Contact a New York Second-Degree Assault Attorney

    All assault charges are extremely serious matters. Potential jail time and fines are truly daunting. If accused of second degree assault, it is paramount that you speak with an experienced second-degree assault lawyer in New York.

    A New York second-degree assault lawyer can be dedicated to zealously defending you in your case, and fighting for the best possible result given your factual circumstances. Contact a lawyer today.