New York Assault With a Deadly Weapon Lawyer
If you have been accused of violence with a deadly weapon, contact a skilled assault attorney immediately. In New York, there is no separate assault with a deadly weapon charge under state law.
Rather, anyone accused of using a deadly weapon or dangerous instrument to harm another could face an elevated assault charge. This means the accused will face increased penalties if convicted.
Read the information below to learn more about these serious charges. Call a New York assault with a deadly weapon lawyer for legal support. An experienced assault attorney can help you plan a defense that fits your desired future.Defining Deadly Weapons
A common misconception about a deadly weapon assault charge is that these cases always involve a firearm or knife. While many cases do involve these types of weapons, the term “deadly weapon” is more expansive than most people think.
In fact, state law says that anyone who commits an assault with a deadly weapon (such as a knife, gun, or brass knuckles) or with a “dangerous instrument” could face these charges.
According to New York Penal Code Article 10 a dangerous instrument is “any instrument, article or substance, including a vehicle…[that is] readily capable of causing death or other serious physical injury.”
Essentially, this means virtually anything someone uses to cause serious or fatal injury could be considered a dangerous instrument. If someone hits another with a baseball bat intending to cause serious physical injury, they could face an assault with a deadly weapon charge even though they did not use a gun or knife.Penalties for Assault with a Deadly Weapon
New York assault with a deadly weapon lawyers know there are varying degrees of assault charges, which determine the penalties someone faces if convicted. Third-degree assault is considered a Class A misdemeanor. It is defined as negligently causing injury using a deadly weapon or dangerous instrument. Penalties include a maximum one-year jail sentence and fines up to $1,000.
Second-degree assault is a Class D felony. It is considered as intentionally physically injuring someone else using a deadly weapon or dangerous instrument. Penalties include a maximum seven-year prison sentence and fines up to $5,000 as well as a presumptive minimum of two years in prison.
First-degree assault is a Class B felony defined as intentionally causing serious physical injuries with a deadly weapon. Penalties include a maximum 25-year prison sentence and fines up to $5,000 as well as a minimum of five years incarceration.Justifying Self-Defense in Assault Cases
Prosecutors often portray assaults as planned attacks against an unsuspecting target. However, many alleged assaults are actually the result of a fight between two or more people, rather than targeted crimes.
In such cases, the person charged with assault may have just been trying to protect themselves from serious physical harm. New York state law allows those charged with assault to claim self-defense in certain situations.
To successfully claim self-defense, the accused must prove they did not initiate the violence. The accused must also show they did not use more force than necessary to defend themselves. It can be difficult to prove self-defense in assault cases. Anyone charged with a similar offense should speak with a New York assault with a deadly weapon lawyer who can help them combat the charges against them.Call a New York Assault Attorney
If you are facing an assault charge, call a New York criminal defense lawyer today. An assault defense attorney will fight hard to protect you in and out of court.
- Assault in the Third Degree: New York Penal Law Section 120.00
- Assault in the Second Degree: New York Penal Law Section 120.05
- Assault in the First Degree: New York Penal Law Section 120.10
- New York Domestic Violence Arrest, Crimes & Laws
Contact a New York assault with a deadly weapon lawyer now to discuss your case in more detail.
Call the New York Assault defense lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.