Nassau County Assault Lawyer

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Nassau County Assault Lawyer

Nassau County Assault Attorney

A person facing an assault charge in Nassau County can experience immediate life-changing consequences. Any situation involving physical altercations from heated arguments, misunderstandings, or false allegations carries severe penalties. These may result in imprisonment, criminal records, and lasting harm to your reputation. A Nassau County assault lawyer can examine your legal options to safeguard your rights.

Koch Law, PLLC is
located in the heart of Midtown
in New York City

Why Choose Koch Law?

Koch Law selects a limited number of cases so we can deliver dedicated representation with personalized attention to each client. Our firm explores every available legal path, including case dismissal, plea deal negotiations, and strong trial defense, to secure optimal client results.

Our client-focused strategy provides initial consultations to understand your needs. Then, we can develop a customized legal strategy for your case. Koch Law operates from offices throughout New York and provides round-the-clock service. We can steadfastly represent you while guiding you through the legal system’s complexities.

Lee A. Koch, Managing Attorney

Meet Your Attorney

Lee A. Koch

Managing Attorney, Koch Law PLLC

Lee draws on his background as a former USAF intelligence specialist to bring precision and strategy to defending clients in New York City facing white collar crime charges. From fraud and embezzlement to insider trading and complex financial investigations, he builds defense strategies designed to challenge evidence, protect your reputation, and position you for the strongest possible outcome in court.

Understanding Assault Charges in Nassau County, NY

In Nassau County, a typical year sees an assault rate of 2.068 incidents for every 1,000 residents. The risk of assault victimization in Nassau County fluctuates across regions, with chances being one in 323 in central areas but one in 909 in the southeast.

New York maintains a wide definition of assault, and the state aggressively prosecutes such offenses. Three main categories exist for assault in the state based on varying factors, including intent, injury severity, weapon involvement, and victim status. These categories are:

Assault in the Third Degree

This is a Class A misdemeanor. Assault at the lowest level occurs when a person intentionally or recklessly inflicts physical harm upon another individual.

An injury caused by pushing someone during a disagreement could potentially meet legal criteria for assault. Violators face consequences that may involve a maximum one-year jail term, probation, fines, and/or a permanent criminal record.

Assault in the Second Degree

This is a felony. This tier encompasses grave behaviors, including inflicting harm with lethal weapons and attacks on protected groups, such as law enforcement officers and medical staff.

The charge stands if medical professionals determine the injury to be serious, which includes disfigurement, broken bones, and any enduring impairment. An offender faces up to seven years of imprisonment as a penalty.

Assault in the First Degree

This is a Class B felony. The law charges this as the highest level of assault when someone:

  • Uses a deadly weapon to inflict serious harm
  • Demonstrates extreme indifference toward human life

The law also covers situations where someone intends to permanently disable or disfigure another person. A person found guilty of this crime faces a possible sentence of up to 25 years in state prison.

The classification of assault charges depends significantly on whether the crime was committed knowingly, recklessly, or negligently, which also influences case outcomes substantially. The presence of a weapon or the identity of the victim can result in elevated charges.

The Nassau County Criminal Court Process

Anyone charged with assault in Nassau County must navigate a formal legal system, which tends to be intimidating. Your legal proceedings will probably start at the Nassau County Court in Mineola, where you will have your arraignment to learn about your charges and establish bail conditions.

During the discovery phase, your Nassau County criminal defense attorney examines the prosecution’s evidence and files motions to dismiss or suppress any improper charges. The legal process may include pretrial hearings to settle disputes before any trial occurs. The majority of cases feature plea negotiations, which provide the opportunity for charges or sentences to be minimized.

The case moves forward to trial, where both parties will present their evidence to either a judge or jury when no agreement is reached. The court will determine the sentence based on statutory guidelines and the details of the case if the defendant is convicted.

Common Defenses Against Assault Charges

A few common defenses can be used in assault cases. The defense that your attorney recommends will depend on the circumstances of the case. Some common defenses include:

  • Self-defense. This defense applies if you acted to protect yourself or others.
  • Lack of intent. This covers actions that were unintentional.
  • False accusations. This defense challenges witness statements.
  • Consent. Your attorney can establish this when there was an agreement, such as in contact sports.
  • Lack of evidence. When the prosecution has not proven the accusations beyond a reasonable doubt, you may be acquitted.

FAQs

Can I File a Claim Against Someone for Assault in NY?

Yes, you can file a claim against someone for assault in Nassau County, New York. Assault victims can file civil claims to seek monetary compensation for their medical expenses and emotional pain. Unlike criminal prosecution, civil assault claims only demand proof of the assault through a preponderance of the evidence. An attorney can help you file a claim.

Can Assault Charges Be Dropped in NY?

Yes, assault charges can be dropped in New York under specific circumstances. The prosecutor holds the sole authority to drop assault charges in New York; the victim cannot make this decision. The district attorney retains the authority to continue prosecuting the case when the available evidence allows it, even if the victim opts not to cooperate. A judge might dismiss or lessen the charges when:

  • Evidence proves insufficient.
  • Mistakes happen during the process.
  • New information becomes available.

What Qualifies as Assault in NY?

Assault in New York means deliberately or carelessly causing bodily harm to another person. The classification of an assault charge as third, second, or first degree depends on multiple factors, including the injury’s extent, whether a weapon was involved, the perpetrator’s intent, and whether the victim has a protected class, such as police officers or elderly persons.

Can Someone Press Charges for Assault Without Proof?

Anyone can report assault without physical proof, but prosecutors need substantial evidence to advance criminal charges. The evidence required for pursuing criminal charges might consist of witness statements, medical records, or surveillance footage. The case will likely fail or involve lesser charges if there isn’t adequate corroborative evidence.

CALL NOW FOR A CONSULTATION

Contact Koch Law Today

If you have been charged with assault, you do not have to handle the legal process alone. Koch Law can build an appropriate defense for you. Contact us today to schedule a consultation.

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