Assault Lawyer Basics

  • December 2013
  • Posted By JohnnyG
  • 0 Comments

When you are charged with assault in the Big Apple, your first crucial step is hiring the best NYC assault lawyer for obvious reasons. Keep in mind that any assault charge in the State of New York should be carefully and seriously considered by the defendant because of the stiff penalties from simple probation to jail terms involved in the case. Keep in mind, too, that the complicated court system in the United States can easily overwhelm individuals with little to no background in it, thus, decreasing the likelihood of successful defense.

But it is not just defendants in assault cases who must hire the best assault lawyer in town. Complainants of assault cases are also well-advised to do so toward the protection of their own interest. Otherwise, getting justice will be a tough road ahead!

Before hiring an NYC assault lawyer or an NYC battery lawyer, you must first have a crash course on the subjects for your own interests. You cannot be diving into the legal system, so to speak, without knowledge of the basics for the simple reason that it is your life, your freedom and your money at stake here.

Degrees of Assault

As with most states, the State of New York classifies assault charges into three main degrees with several categories under each degree. Yes, we did warn you that the laws can be complex and complicated, thus, the absolute necessity for hiring the best NYC assault lawyer or NYC battery lawyer depending on the case.

The degrees of assault are used by the justice system to differentiate the gravity of the cases and, thus, determine the appropriate penalties in case of conviction. For first-degree and second-degree assault, the lawyer for the prosecution must prove that the defendant specifically intended to cause his victim physical harm beyond a reasonable doubt.

For third-degree assault, the prosecutor must prove that the defendant acted recklessly with a dangerous weapon or that he was criminally negligent with it. In this case, there is no need to prove that the defendant had the intent to cause injury.

Many of the degrees of assault overlap each other. For example, a few cases of second-degree assault will only require proof similar to third-degree assault, thus, further complicating the possible issues involved. Then again, with the best NYC assault lawyer on your side, you can focus on the basics and let the professionals handle the complex legal side – just be sure that you understand its implications on your life including your financial and physical freedom.

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And then there’s the most extreme degree of assault under New York laws – aggravated assault charges. It refers to the attempts to:

• Cause serious bodily harm;

• Engage in sexual activity with an individual younger than 14 years of age; or

• Cause bodily injury with a deadly weapon especially against a law enforcement officer

Because of the various degrees of assault, you can be charged with either a misdemeanor or a felony with the latter obviously carrying with it heavier penalties. With the best NYC assault lawyer on your side, you have the opportunity to lighten your load, so to speak, from a felony to a misdemeanor with the assumption that you are the defendant.

The bottom line: You cannot go at it alone when dealing with cases of assault regardless of which side of the fence you are sitting on – defendant or complainant.

Decide on the Lawyer

But don’t just hire any assault lawyer that comes offering his services either. Look for the following qualities instead:

• Strong experience and high success rate in assault cases both on the defense and prosecution sides

• Strong background of working with the judicial system including the police

• Solid defense or prosecution strategy

• Solid staff

• Reasonable legal fees

Do your research and you will most likely get the services of the best assault lawyer – and you may well win your case!

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