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Home » Domestic Violence » Assault

Experienced Assault Charge Lawyer

If you are charged with an assault, you need to contact a Lawyer to discuss your case as soon as possible. An assault conviction can lead to serious future consequences for a person, such as difficulty in obtaining employment, education opportunities, immigration consequences and even civil judgments.

To protect your rights, you should contact me, Luke Scardigno. I have successfully helped numerous clients charged with assault in Queens, Brooklyn, New York City and The Bronx, as well as Nassau and Suffolk County during my close to 30 years of practicing law.

Types Of Assault Charges

There are several classifications of an assault charge:

  • 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

The seriousness of the physical injury will determine the classification level of assault for which you will be charged. The crime can also be charged as an attempt to commit an assault.

There are also other types of assault, such as:

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

Each of these charges requires different elements in order to sustain the charge. I can help you fully understand the elements of these charges and show you how I can use those elements to mount a powerful defense on your behalf.

DEFENSES TO AN ASSAULT CHARGE

If you were charged with an assault, you should consult with a good criminal defense attorney to discuss what your options are. There are several defenses that are commonly used with respect to assault charges.

One of the most common defenses utilized with Assault charges is the Justification Defense, also known as SELF DEFENSE. In New York State, the defense is presented in Penal Law Section 35.00.

S 35.00 Justification; a defense.

In any prosecution for an offense, justification, as defined in sections 35.05 through 35.30, is a defense.

There are many different sections of self-defense relating to defense of oneself, a third person, what type of physical force can be used in order to discipline a child, to prevent a burglary, to prevent a larceny, a suicide, etc. It is all set forth under various subdivisions is NY Penal Law Section 35.00.

However, below is the most used section of the self-defense/justification defense in assault cases.

S 35.15 Justification; use of physical force in defense of a person.

1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:

  • (a) The latter’s conduct was provoked by the actor with intent to cause physical injury to another person; or
  • (b) The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or
  • (c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

Another common defense used in cases involving Assault Charges, is the lack of intent to cause an injury to the person charging you with such conduct. If the person arrested for the assault did not have the intent to commit the injury that the alleged victim suffered, a good defense attorney will use that in their favor to negate the intent charge required with an assault case and conviction.

If you are charged with Assault of a person, you not only have to worry about the criminal charges against you, in addition, if there is a conviction, the alleged victim can bring a civil lawsuit against you for both mental and physical injuries he or she may have incurred from the alleged assault. Do not hesitate, if you have been arrested for assault, contact and experienced and reputable Criminal Defense Attorney to discuss all of your options in defending the case against you.

Consequences Of Assault And Domestic Abuse Charges

I focus exclusively in the area of criminal defense. This allows me to remain on the cutting edge of my field and to have an extensive amount of knowledge about assault charges, including domestic violence assault charges. Other than incarceration, some of the issues and consequences I frequently discuss with clients charged with assault 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 charge — Depending on the severity of the injuries caused and the intent involved, an assault may be charged as a Felony. Felon status 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 end up being charged with violating the orders of protection. I can also help you with any new charges that may stem out of 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.

For these and all other issues related to assault charges, I am able to provide you with the powerful representation, knowledge of the law as it relates to your case and the personal attention that your case deserves.

Domestic Violence Assault Lawyer Serving Queens And Nassau County

To schedule a free consultation with a skilled assault charge attorney, call the Law Office of Luke Scardigno at 718-414-6186, or fill out my online contact form. 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.

Spanish, Italian and Greek language services are available.