Getting charged with misdemeanor assault is not something to take lightly, and retaining representation is essential to protecting your freedom. Our Long Island criminal defense lawyer has decades of experience handling assault cases for his clients.
If you are looking for a dedicated lawyer to guide you through your case, please call our office today to schedule a free consultation with Attorney Michael Matera.
Defining Important Assault Terms
When you are facing a conviction for misdemeanor assault, it is important to understand the terms you will be hearing. Attorney Michael Matera can further help you understand your charges. Contact our office right away if you have been charged with assault.
What is Physical Injury?
According to Law Insider, the legal definition for physical injury is the “impairment of physical condition or substantial pain.” This definition is important to know because you may have been accused of causing someone physical injury. However, for a misdemeanor assault charge, you do not have to have physically injured someone to get charged.
What is Intentional Action?
When you are charged with misdemeanor assault, you are being accused by the prosecutor of acting intentionally. If, for example, you were dancing at a bar and accidentally struck someone in the face, the prosecution would have to prove that you intended to harm the victim.
Further, if the prosecution alleges you meant to harm, but you inflicted harm on someone other than the intended victim, they must prove that with substantial evidence. For example, you throw a glass at someone during a fight but miss your target, and the glass hits someone else nearby.
Lastly, you can act with the intention of harming someone and get charged with assault even if no one was physically injured. An example is you raising your fist to punch someone, but the victim dodges the hit and runs away. The prosecution must prove that you intended to harm the victim.
What is Reckless Action?
Not every case of misdemeanor assault will involve the intention to harm, which means the prosecution has another angle to use against you in proving you are guilty. You can be charged with assault if you were aware that you were acting in a way that could harm someone else, but you disregarded this fact.
For example, reckless action can be seen in shaken baby syndrome cases.
Intoxication does not excuse you from these charges.
Penalties for Misdemeanor Assault
If you are convicted, your penalties can include up to a year in jail, three-year probation, and a fine of $1,000.
Upon being charged with assault in Long Island, the first thing you should do is seek legal counsel. You do not want to put this off, as the consequences of conviction can change your life forever.
On top of the legal penalties of being convicted of assault, you can also face issues with employment, housing, public humiliation, and social rejection. Protect your future with the help of an experienced lawyer.
Call Our Misdemeanor Assault Lawyer Today
Don’t let the term “misdemeanor” fool you. Getting charged with assault is serious.
We urge you to seek legal representation from our Long Island misdemeanor assault lawyer right away if you want to protect your future. Attorney Michael Matera has been protecting the rights of the accused for decades.
If you are looking for an experienced lawyer you can put your trust in, please give us a call to schedule your free consultation.