Advice from a New York Assualt lawyer.

Assault is a crime in New York State that can range in severity from a Misdemeanor to a many different types of Felonies. Which category of Assault the defendant is charged with is determined by the severity of the injury to the victim and the type of weapon, if any, which was used in the attack. Moreover, The New York District Attorney will or will not offer a Plea Bargain based on the severity of the injury and the Judge will impose a sentence, which takes into account the severity of the injury.

The different types of Assault include:

Assault in the Third Degree, which is a Misdemeanor. This Assault requires intent to inflict physical injury and, in fact, physical injury results. This type of Assault occurs very often in Domestic Violence cases.

The rest of the Assault cases are Felonies and include:

• Reckless Assault of a Child and Vehicular Assault.
• Assault 2 involves using a dangerous instrumentality.
• Assault of a Peace Officer includes attacks on policemen, firemen and emergency medical service personnel.
• Assault with a Deadly Weapon.

These various types of Assault have specific elements to be proven by a New York District Attorney.

While the District Attorney does maintain the Burden of Proof (beyond a reasonable doubt) theses cases tend to be very emotional because they usually involve an injured victim and solid identification of the defendant. An experienced New York Assault Lawyer can break down the elements of the Criminal Charge for you and help you raise viable defenses to the Criminal Charge.

Very often the District Attorney will charge the defendant with Multiple Assault Charges. These are called Lesser Included Offences. For example, a defendant can be charged with a D Felony for Assault 2, an A Misdemeanor for Assault 3 and an Attempted Assault for a B Misdemeanor with all of the charges are stemming from the same event.

The reason the New York District Attorney does this is to protect himself in the event he can't prove the Felony Assault case. He still may be able to prove the Misdemeanor Assault case. In the event the District Attorney can neither prove the Felony Assault or the Misdemeanor Assault, he will then try to prove the B Misdemeanor asserting that the defendant attempted to commit the crime of misdemeanor Assault on the victim.

This way the District Attorney can get some type of conviction in the case. It's up to your Assault Defense Lawyer to go step by step with the District Attorney and fight him on each element at the alleged crime.

That is why it is so important to have an experienced New York Assault Lawyer in your corner. At Stephen Bilkis and Associates we have experienced New York Assault Defense Lawyers who are available to you. We offer a free consultation at our convenient locations throughout New York including NYC and Long Island. If you have been charged with any Assault, call our office at 1800 NY NY LAW. We stand ready to help you in your time of need. Again our number is 1800 NYNY LAW.