Long Island Assault Lawyers
If you or someone you love was accused of assault, it’s important to retain an experienced criminal defense attorney to defend your rights and protect your freedom. Schedule a free consultation with an assault lawyer at The Matera Law Firm and let our 25 years of experience work to protect you.
When an individual is accused of injuring another person without a legal justification, they may face a charge of “assault.” An assault charge is a very serious criminal offense. It can result in a wide range of penalties, depending on the circumstances of the case. Under New York state law, assault charges are sometimes classified as misdemeanors. Other allegations of assault may result in felony charges. No matter what the severity of a criminal charge may be, securing skilled legal representation is essential.
If you or someone you love has been accused of a crime in Long Island, contact an experienced assault lawyer at the Matera Law Firm. Our team of assault attorneys boasts nearly three decades of combined experience. We have a long track record of protecting our clients’ rights and securing favorable outcomes in all kinds of criminal cases. Our assault lawyers know how to effectively defend against allegations, no matter what the circumstances of your case may be.
Misdemeanor Assault Lawyers in Long Island, NY
As we mentioned above, not all assault charges are the same. Under New York state law, an assault can be classified as a misdemeanor. Misdemeanor assault happens when a person causes someone else to sustain a “physical injury.” At first, this may sound more like a civil personal injury claim. However, injuries that constitute misdemeanor assaults are caused recklessly or intentionally. In some cases, negligence can contribute to a misdemeanor assault charge. If an injury was caused when a person used a dangerous instrument or deadly weapon in a negligent way, an assault charge is possible. If you have been accused of intentionally causing a physical injury to someone else, you deserve representation. Contact the top assault lawyers in Long Island, NY, at the Matera Law Firm.
Defining “Physical Injury”
In the case of a misdemeanor assault, an injury happens when the victim sustains some amount of physical pain or damage. Mental trauma and pain are not grounds for a misdemeanor assault charge. Under New York state law, a physical injury is defined as “impairment of physical condition or substantial pain.”
An assault charge often involves intentional action on the part of the perpetrator. To secure a conviction, a prosecutor may try to show that the defendant wanted to injure someone. It is important to note that the injured person and the intended victim may be different people. If you intended to hurt one person and the result was an injury to someone else, you can be charged with assault. The only standard is the intention to unlawfully injure another person, regardless of whether the intended person was injured or not.
Not every misdemeanor assault charge involves an intentional act to harm. According to a New York statute, reckless acts occur when a person “is aware of and consciously disregards a substantial and justifiable risk” that their actions will result in harm to someone. Even if the defendant was intoxicated at the time of the alleged assault, they can still be charged.
Misdemeanor Assault Penalties in New York
This type of assault charge is classified as a Class A misdemeanor. People who are convicted of misdemeanor assault may face up to one year in jail. Also, they may face a three-year probationary period and be fined up to $1,000. If you or someone you know is facing a misdemeanor assault charge, contact an experienced New York assault lawyer right away. Having an assault lawyer represent your interests can help you to secure a positive outcome in your case. The expert team at the Matera Law Firm has years of experience in protecting those who have been accused of assault.
Felony Assault Charges
In New York, a felony assault can be classified as either a Class D felony (second degree) or a Class B felony (first degree). Both charges must involve some level of physical injury to the victim, with first-degree assault requiring “serious physical injury.” These types of assault charges also require that the injury resulted from the use of a “dangerous instrument” or “deadly weapon.”
Dangerous Instruments and Deadly Weapons
Many different objects can be classified as either dangerous instruments or deadly weapons. Examples of deadly weapons include:
- Loaded firearms
- Certain knives (such as switchblades, daggers, or gravity knives)
- Baton weapons (such as blackjacks or saps)
- Brass (or metal) knuckles
Dangerous instruments include objects that were not intended as weapons but are known to cause serious injuries. For instance, motor vehicles are classified as dangerous instruments. Any object that has the potential of causing bodily damage when used in a reckless or malicious way can be categorized as a dangerous instrument.
What Are The Felony Assault Penalties in New York?
When convicted of a felony assault, a defendant may face significant fines, probation, or prison time. Prison sentencing for felony assaults is “indeterminate,” which means that the person convicted will not face a fixed length of incarceration. The minimum is between one year and 1/3 of the maximum term. The maximum term in a felony conviction is between three and 25 years. Fines for felony convictions are up to $5,000, while the maximum length of probation is five years.
Both misdemeanor and felony assault charges are incredibly serious. If you are facing an allegation of assault, securing trustworthy legal representation is vital. Fortunately, an experienced assault lawyer at the Matera Law Firm has plenty of experience in defending the rights of our clients. We know that every person is innocent until proven guilty. Our criminal defense attorneys will work hard to build the strongest defense possible in your case.
Assault Lawyers With A Track Record of Results
The accomplished assault lawyers at the Matera Law Firm have a history of winning cases for our clients. Consider the following examples:
One of our clients was taken to trial on charges of assault. After diligently reviewing the circumstances of the case, we were able to show that our client was not responsible for his actions because he suffers from a neurological issue. Our powerful defense turned the trial in our clients’ favor. Beyond that, the District Attorney’s office refused to call the arresting officer for testimony because he planned to speak in favor of our defense. Our client can now move on with his life.
Another client was accused of assaulting a minor during a family altercation. Her trial lasted for five days and included a range of witnesses who testified. We were able to prove that our client was wrongfully accused. Our team of dedicated assault attorneys secured an acquittal in her case. This outcome allowed our client to move on without the stigma of a criminal record. When you hire the legal experts at the Matera Law Firm, we will thoroughly examine the facts of your case. Our team includes former prosecutors. This gives us a unique perspective and an advantage in criminal defense cases. Do not settle for unexceptional legal representation. Hire the best.
Contact the Experienced Assault Lawyers at the Matera Law Firm
If you are facing assault charges in Nassau or Suffolk Counties, contact the legal team at the Matera Law Firm. Our skilled criminal defense lawyers have more than 25 years of combined experience and a track record of winning cases. An assault charge is incredibly serious. Trust an experienced assault lawyer on Long Island to represent your interests. Call the premier legal team at the Matera Law Firm to schedule a free consultation. We are ready to fight for you. Follow us on Facebook for daily updates!