Assault charges can put a person behind bars for years, warrant high fines, and can ultimately impact a person’s future significantly upon conviction. If you’re facing assault charges, you need a skilled assault lawyer in your corner who can help you fight those charges at every turn. Contact the Law Offices of Aditya Surti, LLC today to learn more about these charges in New York and New Jersey and how we can defend you against them.
Assault Lawyer | Defending Clients Facing Assault Charges in NJ & NY
If you’re accused of committing an act of assault, it’s paramount that you get a competent Middlesex County, New Jersey criminal defense lawyer in your corner at once. We’ve decades of experience representing those accused of committing crimes in NY & NJ, and we’re prepared to represent you as well.
Assault Charges in New Jersey
According to the New Jersey statute, there are over 20 distinct ways in which a person can be found guilty of assault. The assault is broadly classified as simple assaults and aggravated assaults. Even when no injury has occurred at all, New Jersey has defined certain activities to be simple assaults or aggravated assaults.
The nature of assault can be aggravated depending on various factors such as the seriousness of the injury; whether a weapon was used; the mental state of the actor, that is, whether the act was committed purposely, knowingly, or recklessly; and the status of the victim. Depending on the elevation of the assault, the aggravated assault can be second degree, third degree, or fourth degree.
A simple assault, if proven, may result in a jail term of six months, and a fine of $1,000.00, plus other statutory assessments. Moreover, the conviction for a simple assault remains on one’s record for employers, potential employers, potential landlords, licensing agencies, and many more. If convicted of such serious crimes, a non-citizen’s ability to remain in the country, reenter the country, or obtain citizenship, can be seriously affected. Speak with an assault lawyer from our firm to learn about what we can do for you.
Assault Charges in New York
A person may be found guilty of assault under the New York State Law if he/she is found to injure another person without legal justification. There are several factors on which the nature of the misdemeanor or felony can be charged:
- If a weapon was used
- The extent to which the victim was injured
- If the injury was caused while committing another crime
- If the victim was protected under special state law
As per the N.Y. Penal Law § 120.00, a person is charged with misdemeanor assault or also known as third-degree assault, if he/she is found guilty of causing reckless or intentional physical injury to someone else. Even if the injury occurred due to criminal negligence instead of actual malice with a deadly weapon, the misdemeanor assault charge may still be applied. The misdemeanor assault is classified as a Class A misdemeanor which is punishable by up to one year in jail with a $1,000 fine, and/or three years of probation.
The New York State law states two types of felony assault:
- Class D felony or first-degree assault
- Class B felony or first-degree assault
Both of these classes involve injuries due to intentional or reckless use of a deadly weapon or dangerous instrument. The injuries may be defined as a temporary impairment to long-term disfigurement or a significant risk of death.
A second-degree assault charge can occur if the person is found guilty of:
- Intentionally injuring someone with a deadly weapon or dangerous instrument
- Injuring someone who is performing a lawful duty, such as a police officer, firefighter, paramedic, or medical personnel
- Providing a drug or substance with the intent to cause unconsciousness, physical impairment, or injury without their consent
- Assaulting someone younger than 11 or older than 65
If a person is found guilty of any of the above charges then, he/she may be sentenced to three to seven years in prison.
First-degree assault is the most serious assault crime which involves a person causing serious physical injury to someone. A person may be charged with first-degree assault if he/she is found guilty of:
Seriously injuring someone with a deadly weapon or dangerous instrument
Permanently disfiguring the other person
Recklessly engaging in activities that could potentially kill someone else
Assaulting someone while committing or attempting to commit a felony
If a person is found guilty of first-degree assault then he/she is punishable by up to 25 years in prison.
Contact an Assault Lawyer Today
The bottom line is that assault convictions have harsh consequences in New York and New Jersey, and an experienced assault lawyer may help mitigate those consequences. If you’re facing these charges, contact the Law Offices of Aditya Surti, LLC today to schedule your initial consultation with our experienced legal team.