Assault Charges
Assault, broadly defined, is when one person intentionally causes physical injury to another. Assault charges can range from a Class A Misdemeanor, PL120.00, Assault in the Third Degree; up to a Class B Felony, such as Assault in the First Degree, PL120.10. Aggravating factors which tend to increase the severity of the charges against a defendant include the use of a weapon; the seriousness of the injury to the complaining witness/alleged victim; and when the alleged
assault is against a police officer, fireman or emergency medical service professional. If convicted of a Class B Violent Felony, an accused faces between 5-25 years in prison.
The individual charged with assault may not always be the one who should be facing criminal charges. When police arrive at the scene, they often determine who the "victim" is based on the seriousness of the injuries as between the parties. Often, the one who is most badly injured is determined to be the victim; and the other person is arrested and charged with assault. The problem with this application is that it presupposes that the person who started the altercation is the better fighter. It also leaves out the possibility that the person arrested, who the police label the initial aggressor, did not simply defend himself against the alleged victim's wrongful attack. Justification, commonly known as "
self-defense," permits a person to use physical force upon another person to the extent he reasonably believes such to be necessary to defend himself, in certain situations.
If you are charged with assault, you should not speak to authorities without an attorney present, and you should immediately contact an assault defense lawyer to begin immediate contact with the District Attorney's Office-and begin preparing your
defense.