In the unfortunate event that you have had to use force to subdue a threat, the last thing you expect is to face criminal charges for doing so. However, this can happen. If this reflects your circumstances, please continue reading as we explore how self-defense can be used as an effective defense against assault charges in New York and how an experienced Rockland County Assault Attorney can help you fight for justice.
How is Assault Defined in New York?
New York State categorizes several types of assault charges, each dealt with differently under the law. Certain forms of assault carry more severe repercussions than others, depending on the circumstances surrounding the case. Among the various assault charges are:
- Simple Assault
- Aggravated Assault
- Sexual Assault
- Domestic Assault
Assault crimes can be classified as either misdemeanor or felony offenses. An individual can be charged with misdemeanor assault if they intentionally or recklessly cause another person harm. If you have been charged with a misdemeanor assault charge, it’s punishable by up to 1 year of jail time or three years of probation and a fine of up to $1,000.
Felony assault charges, on the other hand, occur when a person uses a deadly weapon or dangerous instrument to injure someone. There are two levels of felony assault in New York:
- Second-degree assault: This is a Class D felony that can be charged if an individual suffers a serious injury. This crime is punishable by 3 to 7 years of imprisonment and a fine of up to $5,000.
- First-degree assault: This is a Class B felony that can be charged if an individual suffers a serious physical injury. This crime is punishable by 3 to 25 years of imprisonment and a fine of up to $5,000.
When is Self-Defense a Valid Defense for Assault Charges?
Anyone charged with assault in New York can face grave consequences, including time behind bars, and steep fines. As such, it’s crucial to understand your options for building a robust defense strategy. Depending on the unique circumstances of your case, you may be able to raise self-defense as a valid defense against your assault charges. To succeed in using this affirmative defense against your assault charges, you must prove the following elements:
- You had reasonable belief that you were in immediate danger of being harmed.
- You believed that the force deployed was necessary to prevent harm.
- You only used the level of force that was proportionate to the threat that you were facing.
- You abided by the duty to retreat, meaning you attempted to escape before using force in self-defense, and if you did not retreat there was no reasonable way out of the situation.
If you can demonstrate that you were acting in defense of yourself or another person, you might be able to get the charges against you dropped or at least reduced. However, you must prove that your actions were justified given the specific circumstances involved.
If you are facing assault charges, you need a skilled attorney from The Law Office of Carl Spector on your side. Connect with our firm today to learn how we can fight for you.
