Assault Westchester Attorneys Ready To Fight For You

Assault Attorney in White Plains

Nearly 50 Years of Combined Criminal Defense Experience

An assault allegation can quickly lead to an arraignment, release conditions, an order of protection, and questions about misdemeanor or felony exposure. These cases often turn on disputed accounts, the extent of an alleged injury, intent, the presence of a weapon, or whether the use of force was legally justified.

We represent people facing assault investigations, arrests, and criminal charges in White Plains. We assess the charge, available evidence, and immediate court obligations before developing a strategy grounded in the facts.

Speak with our assault defense attorneys about your next steps. Call (914) 712-6878 to request a free initial consultation.

Thousands of Criminal Cases Handled in Westchester County Courts

Stephen Riebling and Marcia Payton bring nearly 50 years of combined legal experience to our criminal defense practice. We have handled thousands of criminal cases, including matters in White Plains City Court and courts throughout Westchester County.

Stephen has practiced as a defense attorney in White Plains since 1997, while Marcia previously served as a prosecutor in the New York County District Attorney’s Office. Clients work directly with them and remain involved in decisions as their cases develop.

Preparing an Assault Defense From Evidence to Trial

Preparation begins with identifying what the prosecution must prove and testing the evidence for each element of the charge. Depending on the facts, we may examine whether the alleged conduct caused the required injury, whether the prosecution can establish the necessary mental state, and whether self-defense or another form of justification applies.

Evidence in an assault case may include:

Police records: Reports, body-camera footage, arrest paperwork, and statements attributed to the accused
Injury evidence: Medical records, photographs, and descriptions of physical or serious physical injury
Witness evidence: Civilian accounts, credibility concerns, prior inconsistent statements, and 911 recordings
Video and digital evidence: Surveillance footage, phone recordings, messages, and other electronically stored information

Our preparation may include pretrial motions, evidentiary hearings, negotiations, and trial. We may also work with private investigators or forensic professionals when a case requires additional resources. By preparing for the possibility of trial, we can evaluate the available options at each stage without losing sight of what the prosecution must prove.

New York Assault Charges Under Penal Law Article 120

New York Penal Law Article 120 divides assault into degrees based on factors such as injury, mental state, weapons, and the status of the alleged victim. The specific statutory subsection matters because misdemeanor and felony charges involve different procedures and potential consequences.

Assault in the Third Degree

Under New York Penal Law section 120.00, assault in the third degree may involve intentionally or recklessly causing physical injury. Recklessness generally means consciously disregarding a substantial and unjustifiable risk. The statute also covers causing physical injury through criminal negligence with a deadly weapon or dangerous instrument. This offense is a class A misdemeanor.

Assault in the Second Degree

New York Penal Law section 120.05 classifies assault in the second degree as a class D felony. It covers several circumstances, including certain allegations involving serious physical injury, a deadly weapon or dangerous instrument, or injury to someone whose status is specifically protected by law.

Assault in the First Degree

Assault in the first degree is a class B felony under New York Penal Law section 120.10. Its provisions include certain allegations involving serious physical injury caused with a deadly weapon or dangerous instrument, permanent disfigurement, depraved-indifference conduct, or serious injury inflicted during another felony.

Evidence & Legal Issues That Can Shape the Defense

An assault charge doesn’t establish guilt. The prosecution must prove every element of the specific offense beyond a reasonable doubt, including the required injury and mental state. Conflicting accounts, incomplete video, medical records, and the circumstances leading to the encounter can all affect that analysis.

Issues that may require close review include:

Whether the evidence establishes physical injury or serious physical injury as defined by New York law
Whether the accused acted intentionally, recklessly, or with criminal negligence
Whether a weapon or dangerous instrument was present and how it was allegedly used
Whether witness statements align with recordings, photographs, and physical evidence
Whether self-defense or justification applies based on the perceived threat, force used, and surrounding circumstances

Related allegations may include menacing, harassment, criminal mischief, weapon possession, resisting arrest, or domestic-violence-related offenses. Both the charges and potential defenses depend on the incident, not simply the initial label placed on the case.

What Happens After an Assault Arrest in White Plains

White Plains City Court handles misdemeanor cases, felony arraignments, and preliminary proceedings. At arraignment, the court advises the accused of the charges and rights, takes a plea, and may address counsel, release conditions, bail, or an order of protection.

The case may then proceed through discovery, motions, hearings, and plea discussions. A felony matter may also involve grand-jury proceedings before moving to Westchester County Court, which has authority to conduct felony trials. Trial and sentencing become relevant only if the case reaches those stages. The path depends on the charge, evidence, court rulings, and decisions made by the parties.

Get a Clear Assessment of Your Assault Case

A free initial consultation is an opportunity to explain what happened, identify upcoming court dates or restrictions, and learn what information we need to evaluate the allegation. Clients meet with us through our White Plains and Mount Kisco offices, and we represent people throughout Westchester County.

Call (914) 712-6878 to schedule a free consultation with Riebling & Payton, PLLC.

What Sets Us Apart

Award-Winning & Peer Recognized
Experience, Insight, and Results over a Combined 5 Decades of Practice
Former NYC Narcotics Prosecutor
After Hours Appointments with 24/7 Availability
Free Initial Consultations
Westchester's Foremost Criminal Defense Trial Attorney

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