An Experienced Queens Assault Defense Lawyer

Assault charges are serious. If you have been charged with an assault, it is important to contact an experienced criminal defense attorney who can protect your rights. A conviction for an assault charge can lead to serious future consequences. These consequences can include difficulty obtaining employment, education opportunities, immigration consequences and even civil judgments.

My name is Luke Scardigno, and I have been practicing law for over 30 years. As a criminal defense attorney, I founded my firm, the Law Office of Luke Scardigno, to help those accused of crimes. I have successfully helped numerous clients charged with assault in Queens, Brooklyn, New York City and the Bronx, as well as Nassau and Suffolk counties. Reach out to me today for a free consultation.

Understanding The Degrees Of Assault Charges In New York

In New York, there are several classifications for assault charges. How a prosecutor charges an assault case will depend on the seriousness of the victim’s injuries and the alleged facts. These classifications include:

• Assault in the first degree, a Class C violent felony
• Assault in the second degree, a Class D violent felony
• Assault in the third degree, a Class A misdemeanor

In addition, prosecutors can charge an attempt to commit an assault. As an experienced criminal defense attorney who understands the different degrees of assault crimes, I can help you understand your assault charges and explain your options.

Other Types Of Assault Charges

In addition to the different degrees of assault charges, there are also different types of assault charges. These can include:

• Reckless assault
• Vehicular assault
• Aggravated vehicular assault
• Gang assault

Each of these charges requires different elements in order to secure a conviction. I can help you fully understand the nature of your charges and mount a powerful defense on your behalf.

Self-Defense As A Defense To Assault Charges

There are several defenses that are commonly used with respect to assault charges. For example, self-defense, also known as the justification defense, is a legitimate defense under the New York Penal Code.

A person is justified in using self-defense to defend themselves or someone else if they reasonably believe there is an imminent fear of unlawful physical force. However, the law also considers the circumstances surrounding the alleged assault, including provocation and which party was the initial aggressor.

Lack Of Intent To Cause Harm

Prosecutors must prove that you intended to cause fear of an injury or the injury to the alleged victim. Without evidence of intent, a good defense attorney can help you fight the charges against you. Whether or not this might be a defense in your case will depend on the facts and circumstances of your assault charges.

Consequences Of Assault Charges

Assault charges can arise in a lot of different scenarios. For example, domestic violence cases often include assault charges. In addition, assault charges can come with many different kinds of consequences. If convicted, besides fines and jail time, an assault conviction can include:

• Escalated charges: In many situations, assault charges stem from authorities overcharging the offense. What starts as a simple shove between arguing neighbors can quickly be turned into a full-blown assault charge. To make sure that the real story behind your charges is told, you need a strong and knowledgeable lawyer on your side.
• Felony charges: Depending on the severity of the injuries caused and the intent involved, an assault may be charged as a felony. A felony conviction is exceptionally serious and can affect your job, housing, employment, education, immigration status and many other aspects of your life.
• Restraining orders: Domestic violence and abuse cases and assault cases in general often involve an order of protection at some point in the process. I can help you understand the terms of these orders or defend you if you are charged with violating the orders of protection.

In my practice, I exclusively handle criminal defense cases. I stay on the cutting edge of changing laws and have a depth of knowledge about all aspects of criminal law. Therefore, I can also help you with any new charges that may stem from the violation of the order of protection, such as criminal contempt, aggravated harassment, assault, menacing, criminal obstruction of breathing and any other crimes for which you may be charged.

Talk To An Assault Defense Attorney For Free

If you are facing assault charges in Queens or Nassau County, I offer free initial consultations to anyone charged with an assault in New York. To schedule your free appointment, you can call my office at [nap_phone id=”LOCAL-CT-NUMBER-1″, or send me a message. My office is located just across the street from the Queens County Criminal Courthouse. My fees are reasonable, and payment plans are available so that you can get the representation you deserve in a way that fits your financial situation. Se habla español.

Spanish, Italian and Greek language services are available.