How To Beat a Second-Degree Assault Charge in New York
Being charged with second-degree assault in New York can be a stressful and scary experience. Being convicted of a second-degree assault charge can result in harsh consequences, including jail time and a permanent criminal record. In New York, a conviction of a Class D felony can result in up to seven years in prison. If you are facing a second-degree assault charge in New York, it is vital that you understand the steps to take to build a strong defense. Below is a guide to help you navigate this challenging process and increase your chances of beating your second-degree assault charge.
- Understand the Charges Against You
The first vital thing to do if you are facing second-degree assault charges in New York is to understand the charges against you. According to New York Penal Law section 120.05, second-degree assault occurs when a person who has the intention of causing serious physical injury to someone causes such an injury to another person. Assault in the second degree is considered a class D felony offense in New York. Understanding what counts as a second-degree assault charge can help understand the legal implications and potential defenses available.
- Hire an Experienced Criminal Defense Attorney
A crucial step in beating a second-degree assault charge is hiring an experienced criminal defense attorney. A skilled New York criminal defense attorney can thoroughly analyze your case to identify strengths and weaknesses. They can review the evidence against you, evaluate the strengths and weaknesses of the prosecution’s case, and provide strategic advice. A qualified criminal defense attorney can craft a tailored defense strategy based on your case’s specifics. They can help you navigate the complex legal process, ensuring your rights are protected.
- Explore Legal Defenses
Depending on the specifics of your case, several defenses might be applicable. Explore the potential legal defenses with the help of an attorney. The following are some of the defenses that may be applicable in your assault case;
- Self-Defense: To use this defense, you must show that you reasonably believed you or another person was in imminent danger of being harmed. You must demonstrate that you used force proportionate to the threat.
- Alibi: If you can prove you were not present at the scene when the assault happened, this can be a strong defense. You can establish an alibi by presenting witnesses or other evidence, such as surveillance footage or GPS data.
- Accidental Injury: It is also a defense if you can show that the harm caused was not intentional but rather an accident. This entails showing that you did not act with the intention to cause harm.
- Consider Plea Bargaining
In some situations, plea bargaining with the prosecution may be the best strategy. A plea bargain is an agreement between you and the prosecution where you agree to plead guilty in exchange for lesser criminal charges or a more lenient sentence. An attorney can advise if plea bargaining is the best strategy.
- Prepare for Trial
Finally, you should take time to prepare for trial if plea bargaining is not a viable strategy. Gather evidence to support your case and organize your defense strategy. Thorough preparation increases your chances of challenging the prosecution’s case and achieving a favorable outcome.
Contact Our NYC Criminal Attorney
If you are facing second-degree assault charges in New York, contact our skilled NYC criminal attorney, Mark I. Cohen, Esq., for legal help.
Source:
nysenate.gov/legislation/laws/PEN/120.05
