What to Expect in a New York Assault Case

Facing any criminal charges can be overwhelming, but facing assault allegations can be especially stressful. Even though they are considered legally the same as any other case, prosecutors often treat these harsher because they are considered crimes with victims. This means that it is important to discuss what to expect in a New York assault case with an experienced attorney.

A knowledgeable assault attorney can analyze the facts of your case to help you understand what to expect. They then can work to build a defense to refute the prosecution’s claims. Throughout the legal process, an attorney can advocate for your interests and work towards the best outcome possible based on the facts of your case.

How New York Courts Treat These Cases

Someone should expect the prosecutor to take an assault case in New York seriously. Beyond that, it is difficult to say what somebody should expect, because every assault case is different.

Generally, prosecutors are willing to be more lenient in cases where there is no alleged victim because they do not have someone asking the status of the case. For assault cases, prosecutors thoroughly investigate them to make sure that they are not making the wrong decision when they come to a plea deal.

However, although prosecutors may treat assault cases differently, New York courts treat assault cases the same way they treat every criminal case. Assault in the second degree is a Class D felony, meaning it would be treated the same as any other Class D felony. An attorney can help determine how a specific assault case may be treated in New York.

What Evidence is Used in Assault Cases?

As with any case, the evidence that is collected and presented by the prosecution in an assault case depends on the specific case. The most common forms of evidence in assault cases include witness statements, medical records, audio or video recordings if there are any, and background information on the relationship between the parties. Sometimes, there might also be DNA and fingerprints.

For example, if the assault happened in a dark alley without any witnesses witness statements or AV recordings will generally not be available. Prosecutors have to analyze the specific facts of each case, investigate the specific facts of each case, see what evidence is able to be discovered and collected, and go from there. An attorney can further what someone should expect in their specific case.

Ask an Attorney About What to Expect in a New York Assault Case

Facing allegations of assault can be overwhelming. Especially if this is your first encounter with the legal system, you may not know what to expect. This is one of the reasons why it is essential to contact an experienced attorney as soon as possible.

A lawyer can explain what to expect in a New York assault case and can advocate on your behalf throughout the legal process. To learn more, call today for a free consultation.