Brooklyn Assault and Battery Lawyer

Trusted Brooklyn Assault and Battery Attorney

Being convicted of assault can bring a number of penalties, including jail time, fines, and court-ordered classes. A Brooklyn assault and battery lawyer can explain how the court process works and help you understand your rights if you have been accused of assault. Assault charges are aggressively prosecuted in New York, especially if the alleged victim suffered serious physical injury or if a weapon was involved in the incident.

Assault cases in Brooklyn are generally handled through the Kings County criminal court system when the charges involve violations of state law. The criminal court addresses cases from various neighborhoods in Brooklyn, including Williamsburg, Downtown Brooklyn, Crown Heights, Bay Ridge, and Bedford-Stuyvesant. Many defendants have proceedings at the Kings County Criminal Court, 120 Schermerhorn Street, Brooklyn, NY 11201.

About Us

Attorney Michael Vitaliano and The Vitaliano Law Firm provide legal representation for people accused of criminal offenses throughout New York. As a former New York City prosecutor, Attorney Vitaliano has experience handling complex criminal investigations, pretrial hearings, and jury trials. He has prosecuted and defended a wide variety of criminal cases, including assault and battery.

Today, The Vitaliano Law Firm uses that courtroom experience to assist clients who are facing criminal charges in both state and federal courts in Brooklyn and the surrounding area. We are ready to help you, too.

New York Assault Laws

The term “assault and battery” is commonly used, but technically, New York does not have a criminal offense called battery. Instead, conduct that might be classified as battery in other states may be prosecuted under New York’s assault laws.

New York’s assault offenses generally involve intentionally, recklessly, or negligently causing physical injury or, in more serious cases, serious physical injury. Physical contact alone, however, does not necessarily constitute assault; the specific elements of the applicable offense must be met.

Most assault cases are prosecuted under New York Penal Law Article 120. This law has several degrees of assault based on intent, the type of injury, and the use of a dangerous instrument or deadly weapon.

One of the most commonly charged assault offenses is New York Penal Law § 120.00, Assault in the third degree. Prosecutors typically need to show that the accused either directly inflicted physical harm, recklessly caused such harm, or negligently brought about an injury using a weapon or dangerous tool. Assault in the third degree is generally charged as a Class A misdemeanor.

Second degree assault may apply to more serious allegations. This includes a prosecutor’s claim that the defendant caused serious physical injury, used a deadly weapon, caused injury to a protected person such as a police officer or emergency personnel, or engaged in other conduct identified in the statute.

The most serious assault offense under state law is Assault in the first degree. Prosecutors often bring this charge when someone is accused of intentionally inflicting severe bodily harm using a weapon or dangerous object, or when their actions show a complete disregard for human safety.

Common Situations That Lead to Assault Charges

According to Neighborhood Scout, Brooklyn had a violent crime rate of 6.37 per 1,000 residents in a given year. The total violent crimes for that year were 17,432, and these included assaults. This meant that residents had a 1 in 157 chance of becoming a victim of a violent crime.

Assault allegations can arise in a wide variety of situations, and not every arrest involves a prolonged fight or severe injury. Frequently, the police base their judgment on accounts from witnesses, any physical proof, and their direct observations at the location. Common assault charge situations include:

• Physical fights outside large gatherings, such as sporting events
• Domestic disputes between relatives
• Workplace disputes
• Incidents of road rage
• Fights between neighbors
• Altercations with security personnel
• Alleged use of a weapon
• School fights

Because many of these situations develop rapidly, witness accounts may differ significantly. Evidence such as video recordings may become important in determining exactly what occurred.

Potential Penalties Following a Conviction

The potential penalties associated with assault convictions depend on the degree of the offense and the specific facts involved. Possible criminal penalties include:

• Jail or prison time
• Fines
• Probation
• Anger management classes
• Community service
• Restitution

In addition to the criminal penalties imposed by the court, individuals may also face long-term consequences after a conviction. Collateral consequences often affect employment, housing, education, and immigration status.

A conviction could also mean you’re legally barred from owning guns, either by federal or state regulations. Assault allegations involving domestic relationships may create additional legal restrictions in some circumstances.

Possible Defenses in an Assault Case

Every battery case depends on its own facts, and no single defense is appropriate for every prosecution. Defense strategies are developed after reviewing available evidence acquired during the investigation.

One common defense to assault allegations is self-defense. The law in New York, in certain defined scenarios, authorizes the use of necessary physical force to defend oneself or another against an imminent unlawful attack. The details of self-defense depend on the facts of the incident and the amount of force used.

A defense may also involve challenging whether the prosecution can prove the required intent. Some assault offenses require prosecutors to prove that the defendant acted intentionally. Proving the prosecution’s evidence falls short of establishing the requisite mental state can alter the case’s final outcome.

In some prosecutions, the issue of mistaken identity may arise. This is especially common when incidents occur in crowded public locations or when several people are involved. When it comes to who started a fight or caused an injury, witnesses can understandably have conflicting perspectives.

What to Do After an Assault Arrest

After an assault arrest, there are several steps you should take that may affect your case. Avoid talking to anyone about the incident other than your attorney, particularly on social media or through text messages. Statements made after an arrest may later be introduced as evidence.  Follow all court orders, including orders of protection and conditions of release. A violation can lead to additional criminal charges or changes in your release conditions.

Keep all evidence that could help your story, such as pictures, video clips, text messages, or names of potential witnesses. This evidence may be important as the case moves forward. Show up for all court hearings as required. Not showing up can cause more legal trouble, even a warrant for your arrest.

Hire an Assault and Battery Lawyer

Many people decide to hire an assault and battery lawyer because assault prosecutions often involve complicated legal issues. Any misstep can disrupt your case irreparably. A Brooklyn assault and battery attorney can help you in the legal process by reviewing evidence and representing you in court. They can help build you an appropriate defense and see that your rights are not violated.

They can also guide you through understanding the charges, the likely penalties, and the decisions you have at every step of the criminal process. Attorney Michael Vitaliano’s former experience as a prosecutor gives him the ability to know how assaults are investigated and presented in court.

FAQs

Can an Assault Charge Be Dropped if the Alleged Victim Changes Their Mind?

No, an assault charge cannot always be dropped even if the alleged victim changes their mind. Criminal matters in New York are brought by the government, rather than the person who was the subject of the alleged crime. Even if a person states they do not want to pursue the matter, prosecutors can move forward with the case if they believe they have enough evidence to obtain a conviction.

Do I Have to Appear in Court for Every Hearing?

Whether or not you have to appear in court for every hearing may depend on the type of court hearing and court order. Some procedural court appearances may not require you to personally be in attendance. However, it is highly likely that you may be required to attend your arraignment, plea hearing, trial, and sentencing. You should not miss a court appearance without a valid excuse, as the judge could issue a bench warrant for you.

Can I Be Charged With Assault if No One Suffered a Broken Bone?

Yes, you may still be charged with assault even if no one suffered a broken bone. According to New York law, some assault charges may not require a broken bone or a lasting disability. Depending on the circumstances, a physical injury may involve significant pain or a physical condition impairment. Medical records, photos, witness statements, and other evidence may be used by prosecutors to support their claims that the legal standard for injuries has been met.

Can Multiple People Be Charged With the Same Fight?

Yes, multiple people may be charged with the same fight. If law enforcement believes more than one person was involved in a physical altercation, multiple people can face criminal charges depending on their conduct during the incident. The charges can vary depending on each person’s alleged actions, the severity of any injuries, the evidence available, and whether or not prosecutors believe a person acted in self-defense or was the first aggressor.

Speak With an Attorney Today

If you have been charged with assault, The Vitaliano Law Firm knows how serious the penalties for conviction can be. We can build you a strong defense. We advocate for your rights and your future. Contact us today to get started.

Brooklyn  Assault and Battery Resource:

• Assault and Battery Examples in New York: What’s the Difference?