Top Westchester County Assault Lawyers

Get New York Assault Defense - (914) 712-6878

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Assault is a crime in New York that can be charged as a misdemeanor crime - with jail sentences up to 1 year - or a felony - where jail sentences may be up to 25 years in prison. The facts of the case will determine whether a person is charged with Misdemeanor Assault or Felony Assault. Important determining factors include: the severity of the injury to the victim and the type of weapon, if any, used in the attack.

If you or someone you know has been charged with assault in Westchester County, New York City, Bronx County, and the surrounding areas, it is absolutely vital that you seek legal representation right away. If you were accused of assault, it is crucial that you get help from an experienced Westchester County criminal defense lawyer. At Riebling & Payton, PLLC, we offer free consultations to discuss your circumstances in detail, to help you get a better idea of your situation and the possible defenses available to you.

Call (914) 712-6878 now to schedule your free consultation and get started on your defense case. We also serve clients in Westchester County, New York City and the surrounding areas.

What Are Common Types of Assault We Defend Against?

Assault in the First Degree (NY Penal Law § 120.10) - This Class B Felony carries a maximum sentence of up to 25 years in prison. The circumstances under which a person may be charged with Assault in the First Degree under NY Penal Law § 120.10 vary and they include:

• With the intent to cause serious physical injury to another person he/she causes such serious physical injury to such other person by using a deadly weapon or dangerous instrument.
• When a person has the intent to seriously and permanently disfigure another person and he/she causes such injury.
• A person recklessly engages in conduct which creates a grave risk of death to another person and thereby causes serious physical injury to such person
• In the course of committing or attempting to commit a felony or flight therefrom he/she or another participant in the felony causes serious physical injury to a person.

Assault in the Second Degree (NY Penal Law § 120.05) - This Class D Felony carries a maximum sentence of up to seven years in prison. Assault in the Second Degree under NY Penal Law § 120.05 may be charged in many situations but typically it occurs when a person, with intent to cause serious physical injury to another person, causes such serious physical injury to the other person and when, with the intent to cause physical injury to another person he or she causes injury to another using a deadly weapon or dangerous instrument.

Assault in the Third Degree (NY Penal Law § 120.00) - This Class A misdemeanor crime is charged when a person, with the intent to cause physical injury to another person, causes physical injury to such other person. This crime under NY Penal Law § 120.00 carries a maximum jail sentence of up to 1 year. Lesser sentences could include 3 years of probation and or a fine.

Gang Assault in the First Degree (NY Penal Law § 120.07) - This Class B Felony carries up to 25 years in prison. Gang Assault in the First Degree under NY Penal Law § 120.07 applies when a person, who is aided by at least two other people who are present, has the intent to cause serious physical injury to another person and causes serious physical injury to the other person.

Gang Assault in the Second Degree (NY Penal Law § 120.06) - This Class C Felony carries up to 15 years in prison. Gang Assault in the Second Degree under NY Penal Law § 120.06 is charged when a person, who is aided by at least two other people who are present, has the intent to cause physical injury to another person and causes physical injury to the other person.

EXPERIENCED ASSAULT LEGAL DEFENSE COUNSEL

Riebling & Payton, PLLC understands how to help clients build effective defense strategies to protect their rights. During your free consultation, we will go over the charges against you, explain the weaknesses in the prosecution’s case and answer your questions.

Let us help you defend your case and avoid a conviction.

Call us today at (914) 712-6878 to schedule your free consultation.

JUSTIFICATION (NY Penal Law § 35.00): DEFENDING AN ASSAULT CHARGE IN WESTCHESTER COUNTY

Under New York Law, "Self Defense" is called “Justification.”

Justification under NY Penal Law § 35.00 must be raised as a defense by the criminal defense attorney. Once raised, the District Attorney has the burden of establishing that the accused was not justified with proof beyond a reasonable doubt.

WHAT IS THE SELF DEFENSE LAW IN WESTCHESTER?

In New York State the law of self-defense under NY Penal Law § 35.10 and NY Penal Law § 35.15 requires that a person may use physical force upon another individual when, and to the extent that he reasonably believes it to be necessary to defend himself (or someone else) from what he reasonably believes to be the use or imminent use of unlawful physical force by such individual.

Whether a person reasonably believes physical force to be necessary to defend himself (or someone else) from what he reasonably believes to be the use or imminent use of physical force by another individual is determined by the use of a two part test:

• Part One: the accused must have actually believed that the individual was using or about to use physical force against him (someone else) and that the defendant's own use of physical force was necessary to defend himself (or someone else); and
• Part Two - a "reasonable person" in the defendant's position, knowing what the defendant knew and being in the same circumstances, would have those same beliefs. It does not matter that the accused was or may have been mistaken in his/her belief, provided that such belief was both honest and reasonable.

Self defense is not justified when:

• The accused was the initial aggressor
• The individuals conduct was provoked by the accused with intent to cause physical injury
• The accused is not justified if the physical force was the product of a combat by agreement
• A person is not authorized to use physical force to resist an arrest.

Over the years, our defense attorneys have encountered numerous situations when the police do not do an adequate job investigating and determining (or sometimes cannot determine) who was the initial aggressor and responsible for the assault. Often, the person arrested is the one with the least amount of injuries or the person who didn't call the police first.

PROTECT YOUR RIGHTS

If you are under investigation or have been charged with misdemeanor or felony assault, you need to consult with an experienced criminal defense lawyer at Riebling & Payton, PLLC.

Contact Us for an immediate free consultation at (914) 712-6878.