New York Simple Assault Lawyer
Alleged criminal charges are always a very serious matter. Assault charges in New York are divided into different charges, based upon the various degrees of seriousness. Assault charges, in particular, allege that an individual has committed either a felony or a misdemeanor.
Simple assault in New York is considered a misdemeanor. If a charge is brought against you, immediately contact an experienced New York simple assault lawyer. A determined and assertive simple assault attorney will be ready to fight for you.Legal Definition of Simple Assault in New York
Simple assault is the least serious of the assault charges in New York. Essentially, it involves a serious threat which resulted in a minor physical injury.For example, when one person slaps another person in an argument, then that is considered a simple assault case. It is the severity of the injuries that distinguishes simple assault from the other harsher assault charges. Elements of the Crime Charged
In accordance with New York law, the following constitute the main elements of a simple assault crime:Provocative or Offensive Contact
Where there is any physical contact and the victim considers the contact to be provocative or offensive, it may give rise to a charge of simple assault.Fear of Harm
When someone causes another to be in fear of harm or possible injury, that is enough to be considered simple assault.Bodily Injury
If recklessly, knowingly, or with intent, one causes harm to another which results in a bodily injury, the individual who inflicted the harm could be subject to simple assault charges.Defenses to New York Simple Assault Charges
There are several defenses available against a charge of simple assault in New York. The burden of proving a case against the defendant always rests exclusively on the State.
In cases like this, the prosecutor for the state cannot prevail in their case against someone until and unless they prove each and every element of the alleged crime beyond a reasonable doubt.
An experienced New York simple assault lawyer can present evidence which calls into question the existence of one or more of the elements of the alleged crime. Should the prosecutor fail to prove any one element of the alleged crime, a defendant must be found not guilty. A simple assault attorney will seek to cast reasonable doubt upon a person’s guilt by challenging each and every element of the alleged charge brought against them.Self-Defense
Self-defense is another potential defense strategy against the charge of simple assault. This defense is available in situations where someone is justified in committing a crime.
When arguing self-defense, their burden is to prove that they reasonably believed that employing physical force against the other person was necessary for protecting themselves.How a New York Simple Assault Attorney Can Help
All assault charges are very serious matters, without question. The fines and the possible jail time accompanying the charge can make these matters truly daunting. If you are accused of simple assault, it is of paramount importance that you speak with an experienced simple assault lawyer in New York.
A New York simple assault lawyer can be dedicated to zealously defending you in your case, fighting for the best possible result given your factual circumstances. Contact an attorney today.