Albany Assault Lawyer
Charged with Criminal Assault in the Albany / Capital Region?
Assault in New York State seems to be a relatively straightforward criminal offense, but in fact has many intricate legal sections which can point directly toward crime or innocence. Accidental touching can lead to assault while an unintentional threat can also lead to assault. It is a manipulative charge which can be brought by an alleged victim in order to get back at you for something you may have said to them which they felt was inappropriate but should not have reached criminal levels. Matthew Hug is an experienced Albany assault lawyer – contact Hug Law at 518-283-3288 if you have been charged with criminal assault.
What is Assault?
New York law classifies assault into three different “degrees” of a felony or misdemeanor offense, depending on circumstances and injuries. The difference between the levels of criminal punishment involve the severity of injuries and whether the prosecuting attorney will consider a plea bargain.
Assault in the third degree is a misdemeanor offense which is punishable by up to one year in jail, but often involves an alternate sentence in which the person can avoid jail time. New York State law requires the intent to inflict bodily harm and harm typically does occur. This crime often occurs in domestic violence cases or any other scenarios where one person causes physical injury to another.
Assault in the second degree is a Class D violent felony with a punishment range from 2 years in jail up to 7 years in jail. However, depending on circumstances, a judge can impose an alternative sentence where the person accused of the crime serves less jail time or even no jail time. Assault in the second degree typically occurs after one person intentionally causes serious physical injury to another or a person causes physical injury to a victim with a weapon.
Assault in the first degree is the most serious of the criminal assault offenses and is punishable by up to 25 years in jail, the same level as attempted murder. Examples of assault in the first degree include:
- Assault on a peace officer (including crimes against firemen, policemen, and emergency medical service personnel
- Assault with a deadly weapon
- Reckless assault involving a child
- Vehicular assault
Gang Assault is another level of assault charges classified as a Class C Violent Felony. It is punishable by up to 25 years in jail depending on the severity of injuries to the person who is assaulted. One important thing to keep in mind is that gang assault does not require a street gang, but simply involves an assault committed by two or more people.
Many other states often list separate offenses for assault and battery, which lead to complications in filing charges. However, in New York, assault covers both realms and most cases need to prove that injury did in fact occur.
Hug Law, PLLC | Albany, New York Assault Lawyer
If you have been charged with any type of assault, contact Matthew Hug of Hug Law, PLLC. Matthew Hug specializes in criminal defense law and has nearly ten years of experience in handling assault cases and understands the unique circumstances each charge brings. Assault charges can be difficult to prove if there are no injuries or serious injuries and no intentional physical harm occurred. Matthew will be able to carefully examine the facts of your case and develop the strategy which will work best for your case.
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