Arrested On Assault Charges? The Fight for Your Freedom Starts Here

Livingston County Assault Attorney

Charged with assault in Rochester, NY?

Assault, as explained in Article 130 of the New York Penal Code, is when one personal intentionally commits an act of imminent harm towards another. With assault crimes, the defendant's act is intended to raise an apprehension of harm in the victim. Words of assault are not sufficient enough to bring about charges unless it is paired with some sort of action which proves that the defendant could indeed carry out their threat. For example, if you were to holler outs threats while shaking your fist in the air, then it could be seen as assault.

If you are facing allegations of assault or any other violent crime in the state of New York, then your first step should be to consult with an experience Livingston County criminal defense attorney who is familiar with the legal process. Here at Van Allen & Hoffmann, LLP, we are highly adept in New York criminal law and we can inform you of your rights and how they pertain to your criminal case. With our in depth knowledge of the criminal justice system, you are given a distinct advantage in court as we fight to achieve a positive outcome.

Penalties for Assault in New York

In New York, assault is categorized into three separate classes: first degree, second degree and third degree assault. With looming assault charges over your head, you could be facing serious penalties depending on the specifics of your crime. An assault conviction could have a negative lasting impact your life and it is something that must be countered with great force. However, don't be fooled into believing that everyone is against you. Just because you have been arrested for assault, does not mean that you are guilty.

The three degrees of assault under New York law are as follows:

  • Third Degree Assault - This is a misdemeanor charge despite whether or not you intended to hurt anyone. In order to be charged with third degree assault, the prosecution must see that your act was either reckless or negligent and that you intended to cause injury to another person and you succeeded. The penalty for this crime is a one year jail sentence and a serious fine.
  • Second Degree Assault - This crime is a step up from 3rd degree assault and it is considered to be a Class D felony. If you are charged with this crime, you could be considered a convicted felon for life and face a seven year prison sentence. Second degree assault is when the defendant injured someone but intended to cause serious injury. The majority of these cases involve the use of a deadly weapon or instrument.
  • First Degree Assault - This is the most severe form of assault that you can be charged with and it is considered to be a Class B violent felony. First degree assault charges come about when the defendant intended and succeeded in seriously injury someone using a deadly weapon. Intent to disfigure someone or acting with depraved indifference to human life also constitutes a first degree assault charge. This crime is punishable for up to 25 years in prison.

Defending Against Assault Charges in Livingston County

Our legal team is here to protect your rights during this difficult time and we will work vigorously to attain a reduction or full dismissal of your charges. Whether you were willful with malicious intent, committed a crime passion that you regret, or you were acting in self-defense, our firm is here to plead your case. With the help of a Livingston County attorney from our firm, we can investigate further into your case and sort out the complexities before entering the courtroom. We have over 30 years of collective legal experience and we are dedicated to protecting the rights of the criminally accused.

Our small criminal defense firm is focused on attaining big results and we will fight tirelessly to obtain the most favorable outcome in your case. The road to justice starts here. Don't let an assault conviction destroy your family, your reputation, your career and your future. Fight your charges with the help of a Livingston County criminal defense lawyer. Our firm has defended against countless assault charges and we have had great success in pursuing alternative sentencing or having the charges dropped. We know how terrifying it is to be arrested and dragged through the legal process. Remember that you are not alone!

Contact us at Van Allen & Hoffmann, LLP today to schedule a case evaluation and tell us about your case.

The Road to Justice Starts Here

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  1. Over 30 Years of Combined Legal Experience
  2. Aggressive Preparation for Trial
  3. Countless Acquittals Earned for the Criminally Charged
  4. Individualized Attention and Strategy for Each Client
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