In Queens, being charged with personal assault is a very serious crime regardless of the degree that you are charged with. Depending on the egregious nature of your offense, the punishment for assault and battery can range from probation to jail time. Because most assault and battery cases are felony charges, if you want to protect your future livelihood, it is imperative that you hire a Queens criminal attorney to defend you in court.
The severity of the charges that you face correlates to what the court deems the incident to be worth. Basic assault is when one person harms another through the use of physical contact or injury. Other, more serious assault charges carry stiffer penalties because they might involve either the use of a deadly weapon, assault on someone who is considered more vulnerable – like the elderly or a child – or if you assault an officer of the law. No matter which type of charges you have pending, the only way to ensure that you are protected and receive a fair trial is to hire a Queens attorney who specializes in assault and battery cases.
What is first-, second- and third-degree assault in Queens?
Both first- and second-degree assault charges in Queens require that the prosecutor prove beyond a reasonable doubt that the person charged intended to harm or to injure the other person. The burden to prove the case rests solely on the prosecutor to prove intent, but those who are facing first- or second-degree charges definitely need to be represented, even though the onus is on the prosecutor to prove the case.
The less severe charges of third-degree and some other lower assault charges require that the prosecutor show that the individual charged acted with reckless or wanton behavior, which led to the plaintiff being injured. They do not have to show that there was intent to hurt. If the defendant used a dangerous weapon or they injured someone without intent, they could still be charged with a lesser degree of personal assault. The penalties that those charges carry are less severe.
Although the severity of the charges is much less, that does not mean that they aren’t potentially damaging. So if you are accused of personal assault, even if it was due to negligence and not intent, you will still need someone to help you get your penalties reduced and to ensure that you don’t face further consequences.
Aggravated assault in Queens
If you are accused of aggravated assault in Queens, that is the most serious personal assault charge that exists. Aggravated assault means that you intended to cause significant and severe bodily harm to someone else, either through a sexual act with someone who was under the age of 14, or that you used a deadly weapon to assault or attempt to assault them.
If you are found guilty of aggravated assault, the penalties are typically double the charges of any other kind of assault charge. Aggravated assault charges are usually accompanied by aggravated battery charges, which double your chances of being convicted in a court of law. Assault and battery might not be murder charges, but they can carry some of the same potentially life-altering consequences if you are found guilty.
Aggravated assault charges can be initiated against anyone who attacks a law officer or if the assault was perpetrated by anyone over the age of 18 against anyone who is 11 years old or younger. If you are charged with assault, regardless of whether it is first-, second-, third-degree, or aggravated assault and battery, it is imperative that you seek the counsel of someone who specializes in criminal charges.
Having a felony on your record can forever alter your future, and it can also lead to significant fines and jail time in extreme cases. Before you go to court, it is imperative that you have a professional in your corner who knows the best defense to use to save you from the potential consequences of being found guilty.