New York City Assault Lawyer
New York City Assault Lawyer
Mark I. Cohen is an experienced New York City Criminal Defense Attorney who frequently defends assault charges in New York City and New York State Courts.
In New York State, an assault crime can be charged as either a felony or misdemeanor level, depending on the severity of the injury sustained by the victim and other factors, such as the use of a weapon. Assault is generally defined as intentionally or recklessly hitting or striking another person resulting in some definable injury to that person. Assault in the Third Degree (PL 120.00) is a class A misdemeanor and requires that the prosecution prove that the victim sustained physical injury.
Generally, Assault in the Second Degree (PL 120.05) is a class D violent felony offense which is charged when serious physical injury is caused to another while one acts with the intent to cause such injury. Assault in the Second Degree may also include the use of a deadly weapon or dangerous instrument. Assault in the Second Degree is also committed when a person causes serious physical injury to another by reckless conduct that may or may not involve a deadly weapon or dangerous instrument.
Generally, Assault in the First Degree (PL 120.10) is a class B violent felony offense and is charged when serious physical injury is caused by way of a deadly weapon or dangerous instrument. It is also charged when the accused intentionally disfigures his or her victim, or permanently disables an organ of the body. Assault in the First Degree is also charged when the accused engages in conduct that creates a grave risk of death and thereby causes serious physical injury. Additionally, Assault in the First Degree is charged when the accused, while committing another felony, causes serious physical injury to another.
Assault in the Third Degree (PL 120.00) carries a local jail sentence of up to one year. For a first-time offender, Assault in the Second Degree (PL 120.05) carries a mandatory minimum of 2 years in prison and a maximum of 7 years in prison. For a first-time offender, Assault in the First Degree (PL120.10) carries a minimum of 5 years in prison and a maximum of 25 years in prison.
During his 28 years of criminal defense practice, Mr. Cohen has mastered the procedural and substantive laws pertaining to assault offenses.
By retaining Mark I. Cohen, a defendant charged with an assault offense can maximize the chances that:
(1) he or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
(2) he or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
(3) he or she may be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
(4) he or she will be able to prevail at trial;
(5) he or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
(6) he or she will be able to receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you have been charged with an assault crime, you should contact Mark I. Cohen, an experienced New York Criminal Defense lawyer, to maximize your chances of preserving your freedom, reputation, and assets.
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Mark I. Cohen
New York City Criminal Defense Attorney
New York, NY 10007