New York City And Westchester Assault Defense Attorneys
Not Guilty- Assault Is One Of The Most Overcharged Crimes
With over two decades each of experience in defending assault charges in the Westchester and Manhattan criminal courts, our New York criminal defense lawyers are highly experienced in defending assault charges. Our criminal defense attorneys in New York and Westchester have defended almost every type of assault case there is, from the misdemeanor to major felony assaults. If you are facing an assault charge, call our New York criminal defense attorneys for a free consultation.
Our New York City criminal defense attorneys and Westchester criminal defense lawyers, know that more often than not, the victim, is just as culpable as the person who is charged. There is an old saying that in a fight, the loser goes to the hospital and the winner goes to jail. It is often unfair that the person who instigated the confrontation is now claiming to be the vicitim and charging you with assaulo.
Our attorneys know that self defense and justification are the most common defenses to an assault charge and know how to assert these defenses on your behalf. Our aggressive criminal defense lawyers move quickly to issue subpeonas to obtain video surveillance, interview witnesses and document your injuries to establish your defense. If you are facing an assault charge in New York City, our Manhattan criminal defense attorneys can be reached at (212) 858-0503. If you are being charged with assault in Westchester, including White Plains, Yonkers, Mamoroneck, Port Chester, Rye, Scarsdale, and Tarrytown, call our Westchester criminal defense attorneys at (914) 574-8330.
Not Every Fight Is An Assault
While almost every arrest for a fight results in an assault charge being brought, our NYC and Westchester criminal defense lawyers know that assault charges are difficult to get a conviction on. First, not every punch or kick justifies an assault charge. For there to be even a misdemeanor assault, there must be an injury. Merely punching or kicking or hitting someone, without an injury is merely a harassment, which is a violation and not a crime. Our criminal defense attorneys who defend assault charges know that most assault charges are overcharged, and are at best harassment charges. For an accusation to be a misdemeanor level assault, there has to be an injury, which New York law defines as substantial pain or impairment of a bodily function. So it you hit someone and did not cause enough of an injury to cause substantial pain or impairment, then you are not guilty of an assault. Our criminal defense attorneys have substantial experience in getting questionable assault charges reduced to violation level harassments with a fine.
Self Defense And Justification
Our criminal defense attorneys know that self defense and justifications are defense to assault charges, and have prevailed on even assault in the first degree charges, which are the most serious level of assault charges, based upon the defenses of self defense and justification. If you are being attacked or are in fear of, being imminently assaulted, you have the right to defend yourself. While you are not allowed to go overboard or use, excessive force, you do have a right to use proportional force to defend yourself. If another person such, as such a friend, family member or girlfriend is being attacked, you are justified in stepping in to use force to defend them.
Best Rated Criminal Defense Attorneys
What Do Our Clients Say About Us
I’ll begin by saying I’d never been in trouble with the law before and I feared what the outcome would be. I was arrested and had been charge with assault on an officer, along with some other charges. Michael took his time to break down the facts and create a solid case behind them.
With Michaels representation I was cleared of all charges as well as the burden I’d been carrying for 3 years. Not only was I found not guilty, I received a nice settlement for my troubles. I couldn’t be happier with my representation. I will be sure to re use as well as recommend Michael Joseph to others.
Another Happy Client
Mr. Joseph was a total professional with me. He understood my situation and took the time to listen to me. I felt like I was getting wise counsel at all times and found the entire legal process to not be as bad as I’d feared.
Some Of The Most Common Questions
That Our Criminal Defense Attorneys Are Asked
Answers to some of the most commonly questions that our NYC and Westchester criminal defense attorneys, are asked?
It's My First Arrest Am I Going To Jail ?
Will I Have A Criminal Record?
For first time arrests, especially those involving misdemeanor level assault charges, you are probably not facing jail time. Our criminal defense attorneys who defend assault charges have an excellent record of getting misdemeanor level assault charges reduced to non-criminal violations with a fine.
Is Spitting On Someone Assault?
Usually no. Typically merely spitting on someone, while rude and enough to constitute a harassment, is not sufficient to constitute an assault because spitting does not usually cause impairment or substantial pain, unless it is directly into the eye, which is at best a questionable assault case.
What Is The Difference Between Misdemeanor And Felony Assault
A felony level assault is an assault, with aggravating factors, such a higher level of injury, or use of a weapon or the victim is a police officer, emergency medical technician, bus driver or other statutorily protected class.
If I Am 18 Years Old - Will I Have A Criminal Record From An Assault Charge
Even if you are guilty of an assault, if you are eighteen years old or younger, when the crime occurred, you are entitled to a youthful adjudication. That means that New York law, has provisions to spare young people who are arrested with the stigma of a criminal record. Even if you are convicted of assault, you are entitled to a youthful offender adjudication, which will not give you a criminal record.
Are Men Allowed To Claim Self Defense When They Are Attacked By A Woman
Yes, our criminal defense attorneys are seeing more and more cases, where women and girls are the aggressors and when a boy or man defends himself, they run to the police and claim to be the victim. Nowadays, girls and women seem to think that they can hit men without a consequence and that they can just have the man arrested if he fights back. The law still recognizes your right to defend yourself, even if a girl is attacking you. You don’t have to just let her hit you, you can defend yourself.
Speak With Our Westchester Criminal Defense
Attorneys Or Our Nyc Criminal Defense Lawyers Today
From our midtown Manhattan office, our criminal defense attorneys defend assault cases in New York City.
From our downtown White Plains office, our criminal defense lawyers defend assault cases in all of Westchester, including White Plains, Yonkers, Mamaroneck, Scarsdale, Rye, Tarrytown, Valhalla, Mt. Pleasant, and Irvington.
Our Midtown Manhattan Criminal Defense Attorneys
18 West 33rd Street
Suite 400
New York, NY 10001
Tel: (212) 858-0503
Our White Plains Criminal Defense Lawyers
203 East Post Road
White Plains, NY 10601
Tel: (914) 354-3809
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 354-3809. You can also request a case review online
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