NY Assault Attorney
New York Assault Attorney
In the State of New York, there are few crimes that will garner as much prosecutorial attention as the crime of Assault. With sentences ranging from misdemeanor type punishment to 25 years in prison, it is easy to see why having a fully experienced New York Criminal Defense Lawyer to assist you could mean the difference between a lengthy prison sentence and your freedom.
Troy A. Smith is an experienced assault attorney with over 25 years of criminal litigation and appellate experience from his former positions as criminal defense counsel in the United States Army (where he was dubbed the “Acquittal King“), and a former New York City homicide prosecutor. If you are accused or suspected of any degree of the crime of Assault in the State of New York, you will want Mr. Smith by your side.
Assault in the Third Degree
A “Class A Misdemeanor”, Assault in the Third Degree entails that the person causing the harm had the “intent to cause physical injury to another person”, and did in fact cause such physical injury.
Physical injury involves more than minor cuts and bruises, but instead requires substantial pain or impairment of physical condition. For example, if an individual punched another person in the face causing a black eye and blurry vision for several days, this would meet the elements of Assault in the Third Degree.
Assault in the Third Degree is punishable by up to one year in jail.
Assault in the Second Degree
A “Class D Violent Felony”, Assault in the Second Degree occurs when a person intentionally causes “serious physical injury” to someone else, or causes “physical injury” to another person with a dangerous instrument or deadly weapon. For example, if an individual punched another person in the face using a set of brass knuckles causing a black eye, this would meet the elements of the crime of Assault in the Second Degree.
As a Class D Violent Felony, Assault in the Second Degree carries a mandatory minimum of two years in state prison and a maximum of seven years.
Assault in the First Degree
A “Class B Violent Felony” Assault in the First Degree involves the requisite intent of the other two degrees of Assault, except that the “intent to cause serious physical injury” to the person of another is carried-out with the use of a “deadly weapon or dangerous instrument”. For example if an individual stabbed another person in the chest with a knife thereby causing a punctured lung, this would meet the elements of Assault in the First Degree.
Assault in the First Degree carries a mandatory minimum of five years in prison with a maximum of twenty five years.
Because of the nature of Assault as a violent crime ranging from a B Class Felony to a Class Misdemeanor, prosecutors and law enforcement are always eager to solve each case. As a result, the interrogation of suspects is rigorous and demanding, and not something any accused or charged individual would want to experience without the assistance of a highly competent attorney.
As a subject matter expert in litigating the coercive interrogation techniques used by law enforcement which may lead to a false confession, Mr. Smith has an insight into the methods of prosecutors that is essential for any criminal defense lawyer.
If you have been charged with Assault in New York, Mr. Smith will use his extensive criminal defense knowledge and practice, to secure you the best possible outcome. Contact Assault Defense Attorney Troy Smith NOW for help at (212) 537-4029, , or use the contact form HERE.