NYC Assault Lawyer

Dedicated and Trusted NYC Assault Lawyer

Assault charges are amongst the most commonly charged crimes in New York. The severity of assault charge in New York that one may face depends on a number of factors: whether the act was committed intentionally, the degree of harm intended and actually caused, whether a weapon or dangerous instrument was used during the act, and the status of the victim of the assault. But even the lowest level assault conviction can lead not only to a jail sentence but to a permanent criminal record with life-long employment and other consequences. And for higher-level assaults, a conviction can almost certainly land you in state prison.

The District Attorney’s Office plays hardball when it charges assault. It’s common that assault charges can be tacked on to other violent crimes like domestic violence charges. You need an NYC assault lawyer who plays that same game and plays to win. NYC assault defense attorney Fred Sosinsky brings more than 30 years of tenacious defense experience to the field. Having earned not guilty jury verdicts and case dismissals for countless clients over the years in assault cases, Fred knows just what it takes to succeed in these matters. Give Fred Sosinsky a call now to discuss how he can help you win your assault case.

Assault in the Third Degree

Assault in the Third Degree is a Class A misdemeanor punishable by up to one year in jail. A person may be charged with Assault in the Third Degree in New York when intending to cause physical injury to another person, he or she causes such injury to them or a third party, or he or she recklessly causes physical injury to another or through criminal negligence, he or she causes physical injury to another by means of a deadly weapon or dangerous instrument.

As can be seen, you may not necessarily have meant to cause physical injury to another person to be charged with assault. But physical injury must result from the accused’s actions. Physical injury means impairment of physical condition or substantial pain.

Assault in the Second Degree

Assault in the Second Degree is a Class D violent felony punishable by up to years in state prison. A person may be charged with Assault in the Second Degree in New York when, with intent to cause serious physical injury to another, however, there are many scenarios. Some of these instances include causing injury to another or a third person or with intent to cause physical injury to another, causing injury to another or a third person by means of a deadly weapon or dangerous instrument, or he or she recklessly causes physical injury to another by means of a deadly weapon, causing physical injury to another during the commission of a felony, providing controlled substances to another without their knowledge causing physical injury, intentionally injuring a child under the age of 10, intentionally injuring a public official or employee, intentionally injuring a person 65 years of age or older when he or she is at least 10 years younger than such person, or intentionally causing injury to a process server or residential treatment provider.

As used in the statute describing Assault in the Second Degree, the term ‘serious physical injury’ means physical injury which creates a substantial risk of death or which causes death or serious and protracted disfigurement or impairment of health or protracted loss or impairment of the function of any bodily organ.

For anyone charged with the crime of Assault in the Second Degree, it is absolutely critical that you be represented by a skilled and seasoned NYC assault lawyer. Assault charges in New York are serious, and without proper advocacy from a criminal defense attorney, you can end up serving a state prison sentence.

Assault in the First Degree

Assault in the First Degree is a class B violent felony punishable by up to 25 years in state prison with a mandatory minimum sentence of five years in prison. A person may be charged with Assault in the First Degree in New York when intending to cause serious physical injury to another person, causes such injury by means of a deadly weapon or dangerous instrument, or with intent to seriously and permanently disfigure another or to destroy or disable permanently a member or organ of his body, he causes such injury, or under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another and causes serious physical injury to another, or in the course of or flight from the commission of a felony, causes serious physical injury to a non-participant.

Few crimes are treated more seriously than First Degree Assault in New York. Indeed, the punishment authorized for this crime is exactly the same as that for the crime of Attempted Murder in the Second Degree. Needless to say, if you are facing these types of charges, it is in your best interest to seek counsel from an expert NYC assault lawyer who regularly represents these types of serious cases.

Defenses to Assault Charges in New York

There are as many potentially winning defenses to assault charges as there are theories under which one can be charged with the crime.

First, with most assault charges in New York, the issue of wrongful identification is often at play. Given the circumstances in which many assault cases arise — altercations on the street, in bars, nightclubs, concert venues, and the like — it is often the case that a witness may only have had a very fleeting opportunity to view an incident and the volatility of the moment may prevent accurate identification.

Second, there may be a viable self-defense claim based upon the complaining witness having instigated or caused the physicality to begin with. Oftentimes, it is the more injured party that the police term the victim even though that party may have been the one to blame for the violence.

Third, often injuries that are alleged to have been sustained are not substantiated by medical and hospital records or by interviews conducted by other witnesses. In fact, the medical evidence may not be consistent at all with the manner by which an alleged victim claims to have suffered the injuries. A seasoned and skillful NYC assault attorney like Fred Sosinsky will recognize these issues and use them to gain reduction and/or dismissal of charges.

Fourth, intent to have caused an injury is almost always a contested issue when assault is the charge. In many cases over his years defending serious assault charges in New York, Fred Sosinsky has won acquittals after raising substantial doubts about his client’s state of mind during an incident.

Contact NYC Assault Lawyer Fred Sosinsky

Because assault is one of the most serious crimes prosecuted in New York, you need to bring to the battle an NYC assault lawyer accustomed to rough, tough legal fights — and one who knows how to win them. Fred Sosinsky is an expert trial lawyer who has done just that for scores of clients. Call now to speak with Fred about your case, free of charge.

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A successful contractor was arrested and charged with felony possession of a loaded firearm and Class C felony possession of marijuana based upon the seizure of these items in a search pursuant to warrant. As has been well advertised, in almost all gun cases in NYC, prosecutors will insist on state prison sentences even for those willing to plead guilty. After presentation of mitigating evidence however, Mr. Sosinsky was able to negotiate a sentence of nine months in jail for his client, meaning his client was out in six months.

A young man who had been a heralded star high school hoopster in Brooklyn was indicted as part of a large multidefendant fraudulent check cashing conspiracy. The client unfortunately had previously been involved in a similar prosecution and worse yet had been arrested during the pendency of the federal case for yet again committing a similar offense. Notwithstanding these hurdles, Mr. Sosinsky was able to convince the federal judge to spare his client a prison sentence and allow him to earn his freedom while on probation.

Mr. Sosinsky represented a prominent attorney accused of assaulting and endangering the welfare of his 13 year son. It turned out that the child was being used as a pawn by the client’s ex-wife and that the incident at the heart of the case involved proper disciplining of a difficult and, at times, violent child. Eventually, the charges against the lawyer were dismissed.

Mr. Sosinsky obtained a verdict of not-guilty of murder in the execution style shooting of a young man involved in gang activities in Harlem, New York City. By demonstrating important differences in the description of the shooter from witnesses called by the prosecution, Mr. Sosinsky was able to raise valid doubts about the correctness of the identifications made at trial.

A few years back, Mr. Sosinsky represented a Manhattan man who was arrested after stabbing his wife in the neck numerous times with a knife in their Upper West Side apartment. The client was indicted for attempted murder. However, after having the client examined by a forensic psychiatrist, it became evident that a compelling insanity defense was in order. Eventually, the prosecutors involved were unable to adequately prepare to counter this defense and the case was dismissed.

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December 5, 2023 No Comments