Assault Defense

Assault Defense

Assault is a crime in New York State that can range in severity from a Misdemeanor to many different classes of Felonies. Which category of assault an individual is charged with is determined by the severity of the injury to the victim and the type of weapon, if any, which was allegedly used in the attack. Moreover, the District Attorney may or may not offer a Plea Bargain based on the severity of the injury.

Assault in the 3rd degree is a Misdemeanor. This Assault requires intent to inflict physical injury, and, in fact, physical injury results. This type of Assault occurs very often in Domestic Violence cases.

The rest of the Assault case are felonies:

  • Reckless assault of a child
  • Vehicular assault
  • Assault of a peace officer, which includes attacks on Policemen, Firemen and Emergency Medical Service Personnel
  • Assault with a deadly weapon

    • Very often the District Attorney will charge the defendant with multiple assault charges. These are called lesser included offenses. For example, a defendant can be charged with a D Felony for Assault 2, an A Misdemeanor for Assault 3, and a B Misdemeanor for an Attempted Assault, all stemming from the same single event. The reason the District Attorney does this is to protect herself in the event she can't prove the Felony Assault case; she still may be able to prove the Misdemeanor Assault case. This way, the District Attorney can, or hopes to, get some type of conviction in the case. Michael J. Redenburg, Esq. has experience going step by step with the District Attorney, and arguing with her on each element of the alleged crime.

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