The legal system in New York concerning assault and battery is massive. There are 10 different ways a person can be charged in an assault case. Often, other charges are tacked on like reckless endangerment, and civil suits can be waged as well. Why is it so complicated?

The law gives prosecutors a wide spectrum to pursue the cases against people accused of this crime. Assault and/or battery comes in many forms. If someone was hurt because you pushed them in anger and they fell, then it is assault. When you put your hands on them and cause physical injury,even if they suffer a minor amount of pain and they recover, you can be charged with a crime. If the person you pushed was a senior citizen and they broke their hip or their leg, that is a serious injury. They will suffer more and for longer than a younger person, yet the crime was the same.

The prosecutor is going to have the right to charge the offender in a different degree so that they will be appropriately punished.

If a person used a stick to strike you and you were bruised or cut, then this is an assault with a weapon. But it will not carry the same penalty than an assault that occurred to purposely hurt you, like if someone drove their car into a crowd of people.

How Can Having an Attorney Help You?

Your attorney is there to make sure all the facts are presented. They are going to go over every piece of evidence and thoroughly examine the entire case.

Their job is to determine where your case falls in the legal system and to ensure that your side of things is clear. Their job is to get your sentence reduced or dismissed.

How Did The Issue Arise?

Much of an assault case pivots on one factor. Was the victim hurt, and if they were, how seriously were they hurt?Your attorney will go over every witness statement, every doctor bill, and they will observe the person who is accusing you.

Here are some of the things your attorney will ask in your case:

  • Was the person really hurt?
  • Did they go to the emergency room?
  • Was there a physical injury?
  • What proof do they have of this?
  • Who started the confrontation?
  • Did the victim strike or threaten to strike the accused?
  • Is there a history between the victim and the accused?

An experienced attorney knows that many times people exaggerate their injuries because they see dollar signs. They may be planning on bringing civil charges against you. Sometimes they want revenge for something that happened in the past. It is rare when random strangers start hurting each other for no apparent reason. There is usually something behind the act that escalated it to this level.

The prosecutor is not going to look at those facts. Unless you have an assault and battery attorney working on your behalf, these things may never come to light.

Many things are considered when an assault charge is brought. Make sure you have someone who will explain your side. The difference can come down to a misdemeanor charge or a Class-B felony charge. Make no mistake, your life is going to be affected. Hire someone to reduce that impact.