Assault Defense Attorney in Brooklyn, NY, Protecting the Rights of Clients Accused of Misdemeanor, Felony, and Enhanced Offenses
Some assault charges begin with bar fights, brawls, or other physical altercations. Other times, the accusations against you involve unprovoked attacks, serious injuries to alleged victims, or the involvement of weapons. Even the least severe assault charges may be punishable by jail time and other harsh consequences, while certain felony charges could lead to prison sentences of up to 25 years in the most serious cases. When the stakes are this high, you need a Brooklyn assault charge lawyer you can count on to fight for you in court.
At Roger V Archibald PLLC, we have a decades-long history of defending clients against charges of assault and other violent crimes. We know what it takes to pursue dismissal or reduction of charges, negotiate favorable plea deals, secure not-guilty trial verdicts, and obtain lighter sentences whenever possible. Contact us today to get started with a free, confidential consultation, and find out how an assault defense attorney in Brooklyn, NY, can pursue the most favorable outcome possible.
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718-237-1111Types of Assault Charges Our Criminal Defense Firm Handles in Brooklyn, NY
In New York, assault charges encompass formal allegations of any type of offense that involves causing physical injury to another person intentionally, recklessly, or with a weapon. Because of this broad classification, the circumstances that give rise to assault charges and the potential consequences of a conviction can vary drastically from one situation to another. Whether you’re facing assault charges out of a minor altercation or a serious incident that involved weapons or severe injuries, our criminal defense firm is here to help you with dedicated advocacy and strategic representation.
Misdemeanor Assault Charges
Misdemeanor assault charges are typically filed as Assault in the Third Degree (New York Penal Law §120.00), a Class A misdemeanor. These cases usually involve minor physical injuries and no deadly weapon, but can still result in jail time, fines, and a permanent criminal record.
Class D Felony Assault Charges
Class D felony assault charges are most commonly charged as Assault in the Second Degree (Penal Law §120.05). These charges may apply when someone is accused of causing serious physical injury, using a weapon or dangerous instrument, or assaulting certain protected individuals. A conviction on a Class D felony assault charge can lead to state prison time.
Class B Felony Assault Charges
Class B felony assault charges are generally prosecuted as Assault in the First Degree (Penal Law §120.10). These cases typically involve extreme injuries, permanent disfigurement, or conduct showing a reckless disregard for human life. If convicted, you’re facing a lengthy prison sentence.
Assault With a Deadly Weapon Charges
Assault with a deadly weapon is not a standalone charge but is a factor that elevates assault to a second-degree (§120.05) or first-degree (§120.10) offense. Allegations involving weapons such as knives, firearms, or blunt objects significantly increase the seriousness of the charge.
Serious Injury Assault Charges
Serious physical injury is defined under New York law as injury that creates a substantial risk of death, causes disfigurement, or results in long-term impairment. Assaults involving serious injury are typically charged as second-degree (§120.05) or first-degree (§120.10) felonies.
Assault Charges Enhanced by Firearm Involvement
When a firearm is allegedly used or displayed during an assault, prosecutors may seek enhanced penalties under New York law. Firearm involvement can elevate an assault charge to a violent felony and, in some cases, may trigger mandatory minimum prison sentences.
Attempted Assault Charges
Attempted assault charges are brought under Penal Law §110.00 when prosecutors allege that a defendant acted with intent to cause injury, but the injury did not occur. Attempted assault may be charged as a misdemeanor or felony, depending on the degree of assault alleged and the reduced classification required under New York attempt law.
Gang Assault Charges
Gang assault charges apply when two or more people are accused of acting together to cause serious physical injury. These offenses are charged as Gang Assault in the Second Degree (§120.06-a, Class B felony) or Gang Assault in the First Degree (§120.07, Class A-I felony).
Assault on a Protected Person
Assaults involving protected individuals, such as police officers, correction officers, EMTs, or transit employees, are charged under specific statutes, including Assault on a Police or Peace Officer (§120.08). These offenses are treated as felonies even when the injuries are relatively minor.
Vehicular Assault Charges
Vehicular assault charges arise under Penal Law §120.03-a and are classified as felony offenses, with severity depending on factors such as intoxication level, prior convictions, and the extent of injuries.
Strangulation-Related Assault Charges
Strangulation offenses are governed by Penal Law §§121.11-121.13 and involve allegations of obstructing breathing or blood circulation. Strangulation can be charged as a Class D felony (second-degree) or a Class C felony (first-degree) due to the high risk of fatal injury.
Hate Crime Assault Enhancements
Under Penal Law Article 485, an assault may be charged as a hate crime if it is allegedly motivated by bias based on race, religion, sexual orientation, gender identity, or other protected characteristics. Hate crime designations elevate the assault charge by one level and increase sentencing exposure.
Violation-Level Assault-Related Charges
In cases involving minimal or no physical injury, prosecutors may file violation-level offenses such as Harassment in the Second Degree (Penal Law §240.26). While not directly classified as assault, these related charges can still have lasting legal consequences.
The specific assault charge you’re facing depends on the facts of the case, including the level of harm involved and whether any aggravating factors are alleged. No assault charge is too minor for our firm to make a difference or too complex for our Brooklyn assault charge lawyer to handle.
Understanding the Different Degrees of Assault Charges Under New York Law
New York law separates assault offenses into different degrees based on how serious the alleged conduct was. The degree of assault determines whether the charge is a misdemeanor or felony and plays a major role in the penalties a defendant may face if convicted.
Assault in the Third Degree (Class A Misdemeanor)
Assault in the third degree is the lowest level assault charge under New York law and generally involves non-serious physical injury or reckless conduct. While considered a misdemeanor, a third-degree assault conviction can still result in up to 364 days in jail, probation, fines, and a permanent criminal record.
Assault in the Second Degree (Class D Felony)
Assault in the second degree applies when aggravating factors are present, such as serious physical injury, weapon involvement, or certain protected victims. As a felony offense, a second-degree felony assault conviction may lead to state prison time (up to a maximum of seven years), post-release supervision, and long-term consequences that extend well beyond the sentence itself.
Assault in the First Degree (Class B Felony)
The charge of assault in the first degree is reserved for the most serious allegations. These charges typically involve extreme or permanent injuries, disfigurement, or conduct showing a disregard for human life. Conviction of a first-degree felony assault charge carries the possibility of lengthy prison sentences, with a maximum of 25 years, and may be classified as a violent felony offense, depending on the specific allegations.
Why the Degree of Assault Matters
Even small differences in alleged injuries or circumstances can dramatically change the degree of an assault charge. Because higher-degree assault charges carry harsher penalties and fewer sentencing alternatives, understanding how prosecutors determine the degree is critical when building a defense. As an experienced Brooklyn assault charge lawyer, our team at RRoger V Archibald PLLC recognizes the nuances of different grades and types of charges and how these distinctions impact the development of effective defense strategies.
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How an Experienced Assault Defense Attorney in Brooklyn, NY, Challenges Charges
Assault charges are often based on conflicting accounts, emotional situations, and limited evidence. An experienced Brooklyn criminal defense lawyer can challenge these cases in several ways, depending on the facts and the degree of assault alleged.
Challenging the Alleged Level of Injury
One of the most effective defenses is disputing whether the injuries meet the legal definition required for the charge. Medical records, photographs, and expert testimony may be used to argue that injuries were exaggerated or do not qualify as “serious physical injury” under New York law.
Questioning Intent
Many assault charges require proof that the defendant intended to cause injury. Defense attorneys may argue that the incident was accidental, reckless at most, or the result of circumstances that do not support intentional conduct.
Disputing Weapon or Firearm Allegations
If prosecutors claim a weapon or firearm was involved, a defense lawyer may challenge whether the object qualifies as a “deadly weapon” or “dangerous instrument” under New York law. Successfully disputing weapon involvement can significantly reduce the severity of the charge.
Raising Self-Defense or Defense of Others
New York law allows the use of reasonable force in self-defense or defense of others. Attorneys may present evidence showing the defendant acted to protect themselves or someone else from imminent harm.
Exposing Credibility Issues and Inconsistent Statements
Assault cases often rely heavily on witness testimony. Defense lawyers review police reports, 911 calls, and prior statements to uncover inconsistencies, motives to fabricate allegations, or credibility problems with the complaining witness.
Challenging Police Conduct and Evidence Collection
Lawyers may seek to suppress evidence obtained through unlawful searches, improper questioning, or violations of constitutional rights. If key evidence is excluded, prosecutors may be forced to reduce or dismiss charges.
Arguing Against Charge Enhancements
Enhancements for firearms, protected persons, or hate crimes significantly increase penalties. Defense attorneys scrutinize whether prosecutors can legally prove the facts required to support these enhancements.
Negotiating for Charge Reductions or Dismissal
In appropriate cases, a defense lawyer may negotiate with prosecutors for reduced charges, alternative resolutions, or dismissal based on evidentiary weaknesses. Early legal intervention is often critical to securing favorable outcomes.
Presenting Mitigating Circumstances
Defense attorneys may highlight a defendant’s lack of criminal history, employment, family responsibilities, or other mitigating factors. These considerations can influence charging decisions, plea negotiations, and sentencing.
What to Do if You Have Been Arrested for Assault in Brooklyn
If you’ve been arrested, investigated for, or charged with an assault crime of any kind, you need to act quickly to protect your interests.
- Exercise your right to remain silent by politely declining to provide any statements to law enforcement officers. Even if you’re trying to clear up a misunderstanding, anything you say could be used in the case against you.
- As soon as possible, consult an experienced criminal defense attorney. Early legal intervention puts you in a better position to gather all evidence in your favor, handle court appearances and interactions with the prosecutor properly, and begin building your defense.
- Retain any information that could serve as evidence, including photos, videos, text messages, emails, or other data. Provide this evidence to your attorney, who can analyze it and strategically determine how to best use it to support your defense.
While taking these actions supports your defense, some actions can undermine your legal strategy. Talking about the case with people other than your attorney, attempting to discard or destroy potential evidence, or trying to contact the alleged victim to straighten out misunderstandings are among the most common and serious mistakes you can make when facing assault charges. Another benefit of having an attorney on your side from the very beginning is having the knowledge and guidance you need to avoid making these and other errors.
How Roger V Archibald PLLC Can Help
At Roger V Archibald PLLC, we provide the support our clients need to put forward the most effective defense possible. We assist our clients by:
- Carefully analyzing the facts of the case
- Investigating the allegations and gathering evidence in your favor
- Developing targeted legal strategies and defense arguments informed by your unique circumstances
- Representing you in every court appearance, proceeding, and negotiation
- Exploring all avenues for the most favorable resolution possible, including plea deal negotiation, advocacy for entrance into pre-trial diversion programs if eligible, and strong representation at trial
You need a dedicated assault defense attorney in Brooklyn, NY, who does more than show up for occasional court proceedings. Your best hope of minimizing the consequences of assault charges is with an advocate standing by your side at every point of the process, pushing for every legal protection you’re entitled to and focusing consistently on building you a strong and effective defense strategy.
Why Choose Roger V Archibald PLLC as Your Brooklyn Assault Charge Lawyer?
Clients turn to our firm when they need criminal defense services informed by highly experienced counsel dedicated to making representation accessible through complimentary consultations and multilingual support.
Experienced Representation With a Record of Success
You want your defense in the hands of a seasoned criminal attorney with a history of helping clients minimize the consequences of serious charges. Attorney Roger V. Archibald has more than 35 years of experience in private legal practice, and his devotion to his clients has helped him secure favorable outcomes of all kinds, from case dismissals and not-guilty trial verdicts to plea deals and entrance into pre-trial diversion programs.
Free, Confidential Case Reviews
Every defendant should understand their rights, their options, and what the legal process will entail. We empower the accused by offering complimentary consultations. Attorney Roger V. Archibald will listen to your story, answer your questions, and provide the guidance you need to make informed decisions about your case, all at no cost and with no obligation.
A Commitment to Upholding Rights and Removing Barriers
At Roger V Archibald PLLC, we know how important your civil liberties are, especially when you’re facing criminal charges. We fight to secure all legal protections for all of our clients. By offering Spanish-speaking representation, we also remove language barriers that can stand in the way of receiving the legal support you need.
Contact a Brooklyn Assault Charge Lawyer at Roger V Archibald PLLC Today for a Free Consultation
Don’t underestimate the impact that an assault charge can have on your future, from significant jail time to the long-lasting impact of a criminal record. Fighting back against these accusations needs to be your top priority, and that means retaining professional legal representation that’s fully focused on building your defense strategy.
For help from an assault defense attorney in Brooklyn, NY, contact Roger V Archibald PLLC online or call 718-237-1111 today.