Assault Defense Attorney on Long Island Working for Fair Treatment of Clients Throughout Nassau County
If you have been accused of violating someone’s right to safety, you may be charged with assault. According to New York State law, there are varying degrees to which a court of law categorizes assault.
Depending on the severity of the crime and the degree under which it is categorized, some assault cases are considered either a felony or a misdemeanor. If you are currently in a situation where you’re accused of assault, work with a lawyer immediately to ensure you’re best represented in a court of law. While various degrees of assault can be classified as misdemeanors, some types of assault charges may constitute a felony and can lead to serious criminal punishment.
When it comes to assault charges, as with other crimes, the possibilities involving charges, and even bail, vary. Talk to an experienced Nassau County lawyer as soon as possible to explore all options possible to secure your freedom.
What is assault in New York?
Assault occurs when a person intentionally, recklessly, or in some cases negligently causes physical injury to another person. In New York, the charge focuses on causing actual injury, not just threatening harm. Assault offenses can be charged as misdemeanors or felonies depending on the severity of the injury, the use of a weapon, and the circumstances of the incident.
What are the different degrees of assault in New York?
New York law recognizes several degrees of assault based on the seriousness of the conduct and injuries involved:
- Assault in the third degree – typically a Class A misdemeanor involving physical injury
- Assault in the second degree – usually a Class D felony involving serious physical injury, use of a weapon, or harm to certain protected individuals
- Assault in the first degree – a Class B violent felony involving serious physical injury, disfigurement, or use of a deadly weapon
Additional offenses may include aggravated assault, gang assault, and vehicular assault, depending on the circumstances of the case.
What Types of Behavior Can be Categorized as Assault?
When you act in a way that injures another, this behavior could be categorized into one of the three categories of assault.
Assault in the third degree is met with the least severe penalty, as it is typically categorized as the least harmful type of assault. It is often treated as a misdemeanor in New York. The definition of assault varies by jurisdiction but in New York, is generally defined as intentionally causing physical injury to another person.
For instance, if you should injure someone by wielding a deadly weapon with wanton recklessness, this is a possible case of second-degree assault. Injuring a police officer could also constitute a second-degree assault charge and is taken very seriously in a court of law.
Assault charges escalate depending on various circumstances. For example, if you intentionally disfigure an individual or leave them with permanent bodily injuries, you could be charged with assault in the first degree. Generally speaking, in situations where depraved indifference to human life is shown, you recklessly engage in conduct which creates a grave risk of death to someone, and it causes serious physical injury, this is a possible indicator of first-degree assault.
First-degree assault is the most serious of all assault cases. It generally constitutes a felony, for which the punishment may be prison time in addition to a substantial fine. It’s important to remember that other circumstances can increase an assault charge to aggravated assault, specifically when an additional aggravating circumstance accompanies the act of assault. The liability and sentencing for aggravated assault are generally more severe than that for an ordinary assault.
What are the penalties for assault in New York?
Penalties for assault convictions vary depending on the degree of the charge. Possible penalties include:
- Assault in the third degree: up to 364 days in jail, probation, and fines
- Assault in the second degree: up to 7 years in prison and violent felony offender classification
- Assault in the first degree: up to 25 years in prison and violent felony offender classification
Convictions may also lead to probation, fines, restitution, and a permanent criminal record.
What defenses can be used against assault charges?
Several defenses may apply in New York assault cases, depending on the facts and evidence involved. Common defenses may include:
- Self-defense, where the accused acted to protect themselves from harm
- Defense of another person facing immediate danger
- Lack of intent, where the injury was accidental rather than intentional
- Insufficient evidence or unreliable witness testimony
Can an Assault Charge be Reduced or Dismissed?
Yes. In some situations, an assault charge may be reduced or dismissed depending on the evidence, injuries involved, and the circumstances surrounding the incident. Courts may resolve cases through dismissal, reduced charges, or other negotiated outcomes. Another possible outcome may include acquittal at trial if prosecutors cannot prove the required elements of the offense beyond a reasonable doubt.
How do I Find an Assault Lawyer Near Me?
To find an assault lawyer near you, search for a criminal defense attorney experienced in handling assault and violent crime charges in your area. Review law firm experience, attorney qualifications, and client feedback, confirm the lawyer regularly defends misdemeanor and felony assault cases, and schedule a case evaluation.
How Can a Nassau County Criminal Defense Attorney Help?
Attorney Gianni Karmily is an aggressive and dedicated criminal defense lawyer with years of experience fighting for Long Island residents.
Gianni Karmily will listen attentively to the facts of your case and work alongside you to build a strong legal defense. As your criminal defense attorney, Gianni Karmily will explain state and federal law as it applies to the facts of your case. He will work tirelessly to ensure you feel confident and prepared for every step of your case proceedings.
Attorney Gianni Karmily will defend you throughout the entire litigation process. As your criminal defense attorney, Gianni will stop at nothing and work to ensure your rights are protected and that you have every opportunity to reach the best possible outcome for your case.
As a skilled negotiator, Gianni Karmily can fight for a favorable plea deal or in some cases, for example in case of valid self defense, work toward the possibility of getting your charges dismissed
A violent crime conviction can ruin your quality of life and complicate your future. You need to work with a criminal defense attorney who will go above and beyond to secure your freedom.
How Much Do Nassau County Assault Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will an Assault defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Assault defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for an Assault defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
3 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Assault Defense Attorney
1) Lifelong Criminal Defense Attorney
Unlike most criminal defense attorneys, Gianni Karmily has been on the defense side his entire life from even before becoming a lawyer. While in law school, he was an intern for the public defender’s office at the Legal Aid and Defender Association in Detroit, Michigan. After moving back to Nassau County, Long Island, New York, he has been looking forward every day to being the voice of individuals facing criminal charges, including those accused of assault.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong criminal defense lawyer naturally possesses aggressive skepticism, which is an intense, active approach to questioning and challenging information, authority, and the system. That’s the reason they are best suited to effectively do their job, which is to be the voice of that person and aggressively push back to make sure the system doesn’t roll over them.
2) Direct Access
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. It is very important for our clients to be reassured that their assault case doesn’t get shuffled around from one lawyer to another lawyer and from one paralegal to another paralegal. That is the reason they deal directly with Gianni for every aspect of representation, including court dates, case updates, and questions about their assault charges. At the same time, Gianni regularly works with other experienced criminal defense attorneys and experts from different backgrounds to make sure he achieves the best result possible for all his clients.
3) Limit Number of Cases
The Law Firm of Gianni Karmily, PLLC is very thorough and doesn’t cut any corners when representing individuals accused of assault. That’s the reason the law firm limits the number of cases it takes each month in order for each case to receive the individualized attention it deserves and for Gianni to dedicate the adequate time required for a sound defense. Your case could affect your freedom, your career, and your future. Make sure you have an attorney with the experience and time to protect all three.
Do You Know Your Rights to Representation?
Under the United States Constitution, every individual accused of any crime has the right to a fair trial and a right to legal representation. Never try to tackle an assault case on your own. Team up with a skilled criminal defense lawyer as soon as you find yourself in trouble.
To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228. You deserve motivated legal representation and a chance at a passionate defense in court. Trust a criminal defense attorney with a history of client satisfaction and a strong reputation for success.
