How is Assault Proven

In order to be convicted of assault, every element of the crime must be proven beyond a reasonable doubt. If it is shown that an element of the crime is missing, an individual must be found not guilty. In addition, the prosecution has the burden of proving every element of the case and must present evidence as to each element.

In order to be convicted of assault, every element of the crime must be proven beyond a reasonable doubt. If it is shown that an element of the crime is missing, an individual must be found not guilty. In addition, the prosecution has the burden of proving every element of the case and must present evidence as to each element.

What Is Assault?

Assault may be charged as a misdemeanor or felony.  The lowest form of assault is Assault in the Third Degree, a class A misdemeanor.  A person charged with Assault in the Third Degree may receive up to one year in jail. This is when an individual intentionally or recklessly causes physical injury to another person.  Depending on the seriousness of the victim’s injury, how the injury occurred, or if the victim falls into a special class, such as a police officer, this will determine the severity of the charge in which a person will receive.

For instance, Assault in the Second Degree is a class D felony. A person charged with Assault in the Second Degree may face up to seven years in prison.  A person would be charged with Assault in the Second Degree when he or she intentionally caused serious physical injury to another, or if the person intentionally or recklessly caused physical injury to another with a deadly weapon or dangerous instrument. A deadly weapon or dangerous instrument may include a knife, a firearm, brass knuckles, or anything else that may be used to cause a serious physical injury.

Defenses To Assault

Justification, “self defense”, is an affirmative defense.  A person claiming self-defense must show that he or she reasonably believed the use of physical force was necessary in order to defend his or herself from the physical force by another.

Assault is a violent offense that often occurs during a bar fight, confrontation, or domestic violence incident. An assault conviction may lead to a criminal record, which may affect other facets of life. In addition, a person may be subject to civil liability for the injuries caused to another person.

Those who have been arrested by law enforcement for assault can face serious criminal charges. A New York criminal defense lawyer, who is experienced in handling assault cases, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire and Peláez at (631) 348-1702.