Assault and Battery

Assault and battery are serious criminal offenses that can significantly impact a person’s life. These charges can result in severe penalties, including fines, probation, and even imprisonment. In legal terms, assault is an intentional act that causes a person to fear for their safety. In contrast, battery refers to the deliberate use of force against another person, resulting in harmful or offensive contact.

Assault and battery cases can be complex, often involving questions of intent, consent, and self-defense. Additionally, these cases can have significant emotional and psychological effects on both the victim and the accused. Working with an experienced and knowledgeable criminal defense attorney who can help navigate the legal system and protect your rights is essential.

At Viscosi Law, we understand the gravity of assault and battery charges and the impact they can have on our clients’ lives. Our attorneys have extensive experience handling these cases and are committed to providing aggressive and effective representation. 

We work tirelessly to defend our clients’ rights, challenge the evidence against them, and negotiate for the best possible outcome. If you have been charged with assault and battery, contact Viscosi Law today to schedule a consultation and learn more about your legal options.

Assault VS Battery Defined

In New York, assault and battery are separate criminal offenses, although they are often charged together.

• Assault: Assault is defined as an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, that creates a well-founded fear in the victim that such violence is imminent.
• Battery: Battery is defined as an intentional touching or striking of another person against their will or intentionally causing bodily harm to another person.

In legal terms, assault is an intentional act that causes a person to fear for safety. In contrast, battery refers to the deliberate use of force against another person, resulting in harmful or offensive contact.Both assault and battery can be classified as either misdemeanor or felony offenses, depending on the specific circumstances of the crime. Aggravating factors such as using a deadly weapon or the victim’s age or vulnerability can result in more severe charges and penalties.

If convicted of assault or battery in New York, individuals can face significant legal consequences, including fines, probation, and imprisonment. Working with an experienced criminal defense attorney who can protect your rights and develop a strong defense strategy is crucial.

Possible Charges for Assault and Battery in New York

Third-degree assault

In New York, third-degree assault is the least severe form of assault, and it is classified as a Class A misdemeanor. It involves causing physical injury to another person, either intentionally or recklessly, or with criminal negligence, using a deadly weapon or dangerous instrument.

Physical injury is defined as any impairment of a physical condition or substantial pain. This can include bruises, cuts, broken bones, or other physical injuries that cause pain or discomfort.

The penalties for third-degree assault can include up to one year in jail, a fine of up to $1,000, or both. Additionally, a conviction for third-degree assault can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

Second-degree assault

In New York, second-degree assault is a severe criminal offense classified as a Class D felony. It involves causing serious physical injury to another person, or causing physical injury with a deadly weapon or dangerous instrument, intending to cause such injury.

Serious physical injury is defined as an injury that creates a substantial risk of death causes death, disfigurement, or loss or impairment of a body part or organ. A deadly weapon is any instrument or device designed primarily for use as a weapon or capable of causing severe physical injury, while a dangerous instrument is any instrument or device that is likely to cause death or serious physical injury.

The penalties for second-degree assault in New York can include up to seven years in prison, a fine of up to $5,000, or both. Additionally, a conviction for second-degree assault can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

First-Degree Assault

First-degree assault is the most serious form of assault and is classified as a Class B violent felony. It involves causing serious physical injury to another person with a deadly weapon or dangerous instrument or causing injury with the intent to cause such injury.

Serious physical injury is defined as an injury that creates a substantial risk of death causes death, disfigurement, or loss or impairment of a body part or organ. A deadly weapon is any instrument or device designed primarily for use as a weapon or capable of causing serious physical injury, while a dangerous instrument is any instrument or device that is likely to cause death or serious physical injury.

The penalties for first-degree assault in New York can include up to 25 years in prison, a fine of up to $5,000, or both. Additionally, a conviction for first-degree assault can have long-term consequences, such as a criminal record that can impact your ability to obtain employment.

Aggravated Assault

In New York, Aggravated Assault is a criminal offense that involves intentionally causing serious physical injury to another person. It is considered a serious offense and can result in severe penalties if convicted.

Aggravated Assault is different from regular Assault because it involves causing serious physical injury with the intent to cause such injury, or by using a deadly weapon or dangerous instrument.

The penalties for Aggravated Assault can vary depending on the specific circumstances of the offense. However, it is typically classified as a Class C felony and can result in up to 15 years in prison, a fine of up to $5,000, or both. 

Menacing

In New York, Menacing is a criminal offense that involves intentionally placing another person in fear of physical harm. It is classified as a Class A misdemeanor and is considered a serious offense.

Menacing can be committed in various ways, such as threatening to cause physical harm, displaying a weapon, or engaging in behavior that would make a reasonable person fear for their safety.

The penalties for Menacing can include up to one year in jail, a fine of up to $1,000, or both. Additionally, a conviction for Menacing can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

Harassment

This is a lesser charge than assault and involves intentionally harassing, annoying, or alarming another person. It is a violation, punishable by up to 15 days in jail and a fine of up to $250.

At Viscosi Law, our team of experienced criminal defense attorneys has the knowledge and skill necessary to represent you in court and achieve the best possible outcome for your Assault and Battery case. We understand the seriousness of these charges and the impact they can have on your life.

Related Crimes to Assault and Battery

Assault and battery are serious criminal offenses in New York that can carry severe legal consequences. There are several related crimes to assault and battery that individuals may be charged with, depending on the specific circumstances of the crime. Here is a detailed list of associated crimes to assault and battery in New York:

1. Stalking: Stalking involves the repeated harassment, following, or threatening of another person with the intent to cause fear or harm. Stalking can be charged as a misdemeanor or felony offense, depending on the severity of the crime.
2. Robbery: Robbery involves the use of force or threat of force to take property from another person. Robbery is typically charged as a felony offense, and if convicted, individuals can face fines, probation, and up to life in prison.
3. Kidnapping: Kidnapping involves the unlawful confinement or transportation of another person against their will. Kidnapping is typically charged as a felony offense, and if convicted, individuals can face fines, probation, and up to life in prison.
4. Sexual Assault: Sexual assault involves the non-consensual sexual contact or penetration of another person. Sexual assault can be charged as a misdemeanor or felony offense, depending on the severity of the crime.
5. Domestic Violence: Domestic violence involves using or threatening force in a domestic or intimate relationship. Domestic violence charges can have severe legal consequences, including mandatory jail time, anger management classes, and a permanent criminal record.
6. Hate Crimes: Hate crimes involve crimes motivated by hate or bias against a particular group or individual. Hate crimes carry severe legal consequences, including enhanced penalties and a permanent criminal record.

 At Viscosi Law, our attorneys have extensive experience representing clients facing various criminal charges and are committed to providing aggressive and effective representation. 

Possible Defenses for Assault and Battery

Suppose you are facing assault and battery charges in New York. In that case, working with an experienced criminal defense attorney who can build a strong defense strategy tailored to your specific issue is crucial. Here is a list of possible defenses for assault and battery:

1. Self-Defense: If you were defending yourself from an imminent threat of harm, you might have a valid self-defense claim. In New York, individuals have the right to use deadly force in self-defense if they reasonably believe it is necessary to prevent imminent harm.
2. Defense of Others: If you were defending someone else from an imminent threat of harm, you might have a valid defense of others’ claim. In New York, individuals have the right to use deadly force to protect others from harm.
3. Consent: If the alleged victim consented to the conduct that led to the assault and battery, you might have a valid consent defense.
4. Lack of Intent: If you did not intend to cause harm or did not act with reckless disregard for the safety of others, you may have a valid lack of intent defense.
5. Alibi: If you were not present during the assault and battery, you might have a valid alibi defense.
6. Duress: If you were forced to commit the assault and battery under duress, you may have a valid duress defense.
7. Insanity: If you could not understand the nature and consequences of your actions at the time of the assault and battery, you may have a valid insanity defense.
8. Mistaken Identity: If you were wrongly identified as the perpetrator of the assault and battery, you may have a valid mistaken identity defense.
9. Entrapment: If law enforcement coerced you into committing the assault and battery, you may have a valid entrapment defense.

The Importance of Getting Representation Immediately

If you have been charged with assault and battery in New York, seeking legal representation from a skilled and experienced criminal defense attorney is crucial. The consequences of an assault and battery conviction can be severe and impact your life in numerous ways, including your employment, education, and personal relationships. At Viscosi Law, we understand the gravity of these charges and the impact they can have on your life. We are committed to aggressively and effectively representing individuals facing assault and battery charges in New York.

Timing is critical in any criminal case, and this is especially true for assault and battery charges. The longer you wait to seek legal representation, the more time the prosecution has to build their case against you. By hiring Viscosi Law immediately, our attorneys can begin investigating your case, collecting evidence, and building a strong defense strategy on your behalf.

Our attorneys have extensive experience representing clients facing assault and battery charges in New York. We understand the complexities of these cases and have a deep understanding of Florida criminal law. We are dedicated to protecting our clients’ rights, challenging the evidence against them, and advocating for their best interests in court.

At Viscosi Law, we understand that facing criminal charges can be overwhelming, and we are here to guide you through the legal process. Our attorneys will provide you with the guidance and support you need to make informed decisions about your case and protect your future.

If you are facing assault and battery charges in New York, don’t wait to seek legal representation. Contact Viscosi Law today to schedule a consultation and learn more about how we can help you. Our attorneys will provide you with the best possible defense, fighting tirelessly to protect your rights and secure a favorable outcome for your case.

No Case is Too Challenging for Viscosi Law

At Viscosi Law, we understand that facing criminal charges can be a daunting and stressful experience. Our attorneys are committed to providing aggressive and effective representation to clients facing various criminal charges, from misdemeanors to felonies. No case is too big for us, and we are dedicated to fighting for our client’s rights and protecting their future.

Our attorneys have extensive experience representing clients in high-stakes criminal cases in Palm Beach and New York. We understand the gravity of these cases and the impact they can have on our clients’ lives. Whether you are facing charges of murder, sexual assault, drug trafficking, or white-collar crimes, our attorneys have the knowledge, skills, and experience to provide you with the best possible defense.

We have successfully represented clients in some of the most complex and high-profile cases in New York and have a proven track record of achieving favorable outcomes for our clients. We understand that every case is unique, and we work closely with our clients to develop a defense strategy tailored to their specific needs and circumstances.

At Viscosi Law, we understand that no case is too big or too small. We treat every case with the same level of attention and dedication, working tirelessly to investigate every aspect of our client’s cases, challenge the evidence against them, and advocate for their rights in court.

Our attorneys are committed to providing our clients with the guidance and support they need to navigate the legal system and protect their future. We understand that facing criminal charges can be overwhelming, and we are dedicated to ensuring that our clients are treated with respect and compassion throughout the legal process.

Why it’s Important to Know Your Rights

It is important to know your rights because it allows you to protect yourself and assert your legal protections in various situations. Understanding your rights can help you avoid unlawful actions by law enforcement or others and can help you make informed decisions when faced with legal challenges. A few reasons why it’s essential to know your rights are as follows:

1. Protect Yourself Against Unlawful Actions: When you know your rights, you can better identify when your rights are being violated by law enforcement or others. This knowledge can help you take steps to protect yourself against unlawful actions, such as unreasonable searches and seizures or false arrests.
2. Make Informed Decisions: Knowing your rights can help you make informed decisions in various legal situations, such as during police interrogations or when signing a contract. By understanding your legal protections, you can avoid making mistakes that could lead to negative consequences.
3. Preserve Your Legal Protections: When you know your rights, you can take steps to preserve and assert them. For example, you can assert your right to remain silent during a police interrogation or your right to an attorney during criminal proceedings.
4. Stand Up for Yourself: Knowing your rights can give you the confidence and knowledge to stand up for yourself in various situations. Whether you are dealing with law enforcement, employers, or others, understanding your rights can help you assert your legal protections and advocate for yourself.

Understanding your rights is critical to protecting yourself and asserting your legal protections. Knowing your rights allows you to make informed decisions, avoid unlawful actions, preserve your legal protections, and stand up for yourself in various situations.

Do Not Wait, Call Today!

If you face assault and battery charges in New York, your future and freedom are on the line. These charges can have serious legal and personal consequences that can impact your life for years. That’s why working with an experienced criminal defense attorney who can protect your rights, challenge the evidence against you, and advocate for your best interests in court is crucial.

At Viscosi Law, we understand the gravity of assault and battery charges and the impact they can have on your life. Our attorneys have extensive experience representing clients facing these charges in New York and are committed to providing aggressive and effective representation. We will fight tirelessly to protect your rights and secure the best possible outcome for your case.

Don’t wait to seek legal representation. The sooner you hire Viscosi Law, the sooner we can begin building a strong defense strategy on your behalf. Our attorneys will investigate every aspect of your case, challenge the evidence against you, and provide you with the guidance and support you need to make informed decisions about your case.