New York law classifies assault charges in accordance with the severity of the conduct. The more serious one is felony assault, which if convicted of it, can result in a prison sentence of a year or more and hefty fines. A misdemeanor assault, on the other hand, is a less serious assault charge that carries a potential sentence of imprisonment of up to one year, and fines amounting to $1,000.
You commit misdemeanor assault by causing physical injury or pain to someone either intentionally or recklessly.
It’s a different matter if there is a deadly weapon or instrument involved. If you injure someone while using it recklessly, you can be charged with misdemeanor assault. If you did so intentionally, you can be charged with felony assault.
Self-Defense
In New York, the police use the “Golden Rule” of Assault Investigation to quickly solve assault cases. The rule is, in an assault incident, whoever is most injured is the victim and the other is the criminal.
The problem here is that it doesn’t take into consideration a basic principle of humanity: self-defense.
If this is the case, you need to argue self-defense in court by showing that you believed you needed to exert physical force in order to defend yourself. You must show evidence to this end.
Acting in Concert
Like in all other states, New York also has a way of knowing whether individuals can be charged as co-defendants in an assault case. Obviously, simply being present when the crime is committed is not sufficient to establish guilt beyond reasonable doubt. So what constitutes acting in concert?
A person should have had the intent to cause the victim physical injury, and should have actually caused the injury. The person should have solicited, requested, commanded, or intentionally aided the principal offender to commit the assault.
Nearly no assault cases are the same. Let’s discuss the details of your misdemeanor assault case by calling our office 516.399.0233.
