Aggravated Assault Lawyer

Aggravated Assault Lawyer

At Trbovich Law Firm in Buffalo, New York, we understand the gravity of aggravated assault charges and their potential impact on your life. Our team of dedicated aggravated assault lawyers is committed to providing robust legal representation for those facing these serious allegations. If you or a loved one has been charged with aggravated assault, it's crucial to seek the assistance of an experienced aggravated assault defense attorney immediately.

Contact us now for a confidential consultation. Your freedom is too important to wait – let us put our knowledge and skills to work for you.

What Constitutes Aggravated Assault in Buffalo?

In Buffalo, as in the rest of New York State, the term "aggravated assault" is not specifically used in legal statutes. However, New York law does define several degrees of assault that correspond to what other jurisdictions might term aggravated assault. These more serious assault charges are typically characterized by the severity of the injury caused, the use of weapons, or the status of the victim.

The most serious assault charge in New York is Assault in the First Degree, which is defined in New York Penal Law § 120.10. This law states:

"A person is guilty of assault in the first degree when:

1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or
3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or
4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants."

This offense is classified as a Class B felony in New York and carries severe penalties.

Other serious assault charges that might be considered "aggravated" under different jurisdictions include:

1. Assault in the Second Degree (NY Penal Law § 120.05): This includes causing serious physical injury with intent to cause such injury, causing injury to a person with a deadly weapon or dangerous instrument, or causing physical injury to certain protected classes of individuals such as police officers or emergency medical service workers.
2. Gang Assault in the First Degree (NY Penal Law § 120.07): This involves causing serious physical injury while being aided by two or more other persons actually present.
3. Aggravated Assault Upon a Police Officer or a Peace Officer (NY Penal Law § 120.11): This involves causing serious physical injury to a police officer or peace officer with intent to prevent them from performing a lawful duty.

These charges are all felonies and carry significant potential penalties, including lengthy prison sentences. The specific circumstances of each case, such as the severity of injuries, use of weapons, and the alleged perpetrator's intent, play crucial roles in determining the exact charges and potential consequences.

How an Aggravated Assault Lawyer Can Help

At Trbovich Law Firm, our team of dedicated aggravated assault lawyers understands the complexities and high stakes involved in these cases. When you're facing serious assault charges in Buffalo, having an experienced aggravated assault defense attorney by your side can make a significant difference in the outcome of your case. Here's how we can help:

Comprehensive Case Evaluation and Strategic Defense Planning

Our process begins with a thorough evaluation of your case. As your aggravated assault lawyers, we meticulously examine every detail, from the circumstances surrounding the incident to the evidence presented by the prosecution. Based on this comprehensive analysis, we develop a tailored defense strategy to achieve the best possible outcome for your situation. Our approach takes into account the unique aspects of your case, ensuring a defense that is both robust and personalized.

Steadfast Protection of Your Legal Rights

We work tirelessly to protect your legal rights from the moment you engage our services. Our aggravated assault defense attorneys ensure that law enforcement and prosecutors respect your constitutional rights throughout the legal process. If any violations have occurred, such as improper search and seizure or failure to read Miranda rights, we will fight vigorously to have the resulting evidence suppressed. Our commitment to safeguarding your rights forms the foundation of a strong defense.

Proactive Investigation and Evidence Gathering

Our team conducts independent investigations into the alleged incident, leaving no stone unturned. We gather evidence, interview witnesses, and consult with experts when necessary. This proactive approach often uncovers crucial information that can strengthen your defense or even lead to a dismissal of charges. Building a comprehensive factual foundation puts you in the best possible position to challenge the prosecution's case.

Skilled Negotiation with Prosecutors

In many cases, it's possible to resolve aggravated assault charges without going to trial. Our experienced aggravated assault lawyers are skilled negotiators who can effectively engage in plea bargaining with prosecutors. Depending on the circumstances of your case, we may be able to have charges reduced, seek alternative sentencing options, or even have the charges dismissed entirely. Our negotiation skills can often lead to more favorable outcomes while avoiding the uncertainty of a trial.

Powerful Courtroom Advocacy

If your case does proceed to trial, you can count on our aggravated assault defense attorneys to provide robust representation in the courtroom. We have extensive trial experience and are fully prepared to challenge the prosecution's evidence, cross-examine witnesses, and present a compelling case in your defense. Our courtroom skills and thorough preparation ensure that your side of the story is presented effectively to the judge and jury.

Mitigation of Consequences and Alternative Resolution Strategies

Even in cases where a conviction cannot be avoided, our role as your aggravated assault lawyers doesn't end. We work diligently to mitigate the consequences you face. This might involve arguing for reduced sentencing, exploring alternative sentencing options, or identifying programs to help you move forward positively after resolving the case. Our goal is always to achieve the best possible outcome, even in challenging circumstances.

Ongoing Guidance and Support Throughout the Legal Process

Aggravated assault charges can be stressful and confusing. As your legal representatives, we provide clear guidance every step of the way. We explain the charges against you, the potential consequences, and your options straightforwardly. Our aggravated assault defense attorneys are always available to answer your questions and address your concerns, ensuring you feel informed and supported throughout the entire legal process.

Efficient Management of Legal Procedures and Documentation

The legal system involves numerous procedural requirements and deadlines. Our Buffalo criminal defense lawyers ensures that all necessary documents are filed correctly and on time, court appearances are scheduled and attended, and all procedural matters are handled efficiently. This meticulous attention to detail lets you focus on your defense while we manage the complex legal technicalities, reducing stress and avoiding potential pitfalls.

Exploration of Innovative Defense Strategies

Various defenses may be applicable in aggravated assault cases, such as self-defense, defense of others, lack of intent, or mistaken identity. Our aggravated assault lawyers carefully examine the facts of your case to identify and build upon the most effective defenses for your situation. We think creatively and draw upon our extensive experience to develop innovative strategies that give you the best chance of a favorable outcome.

Comprehensive Post-Conviction Support

If a conviction does occur, our support doesn't end there. We can assist with appeals processes if there are grounds for appeal, and we help you understand and comply with the terms of your sentence. Our goal is to help you move forward as positively as possible, regardless of the outcome of your case. We remain committed to your well-being and legal rights even after resolving the initial case.

Penalties of an Aggravated Assault Conviction

At Trbovich Law Firm, we believe it's crucial for our clients to understand the potential consequences of an aggravated assault conviction in New York. The penalties can be severe and long-lasting, affecting various aspects of your life. Here's an overview of the possible penalties:

• Prison Time: Depending on the severity of the assault and your criminal history, you could face anywhere from 5 to 25 years in prison for a first-degree assault conviction.
• Fines: The court may impose substantial fines, potentially up to $5,000 or double the amount of the defendant's gain from the crime, whichever is higher.
• Probation: Even after serving prison time, you may be placed on probation, requiring regular check-ins with a probation officer and adherence to strict conditions.
• Restitution: You may be ordered to pay restitution to the victim to cover medical expenses, lost wages, or property damage resulting from the assault.
• Permanent Criminal Record: An aggravated assault conviction results in a felony on your permanent record, which can impact future employment opportunities and civil rights.
• Loss of Rights: Convicted felons lose certain rights, including the right to own firearms, vote (while incarcerated or on parole), and hold public office.
• Immigration Consequences: For non-citizens, an aggravated assault conviction can lead to deportation or ineligibility for naturalization.
• Professional License Revocation: Certain professional licenses may be revoked or suspended following a conviction, affecting your career prospects.
• Housing Difficulties: A felony conviction can make it challenging to rent apartments or obtain housing loans in the future.
• Travel Restrictions: Some countries may deny entry to individuals with felony convictions, limiting your ability to travel internationally.

These severe penalties underscore the importance of having a skilled aggravated assault lawyer to defend your case. At Trbovich Law Firm, we work tirelessly to protect our clients' rights and strive for the best possible outcome to minimize these potential consequences.

Common Aggravated Assault Defenses

At Trbovich Law Firm, our aggravated assault lawyers are well-versed in a variety of defense strategies. The appropriate defense depends on the specific circumstances of each case. Here are some of the common defenses we may consider when representing clients charged with aggravated assault:

• Self-Defense: If you reasonably believed you were in imminent danger of bodily harm, you may have the right to use force to protect yourself. We can argue that your actions were necessary and proportionate to the threat you faced.
• Defense of Others: Similar to self-defense, if you were protecting another person from imminent harm, this could serve as a valid defense against aggravated assault criminal charges.
• Lack of Intent: Aggravated assault typically requires intent to cause serious harm. If we can demonstrate that you did not intend to cause severe injury, it may be possible to have the charges reduced or dismissed.
• Mistaken Identity: In some cases, eyewitness testimony can be unreliable. If you were wrongly identified as the assailant, we will work to prove that you were not the person who committed the assault.
• Consent: In certain situations, such as during sporting events or medical procedures, consent to potential harm may be a valid defense. Our criminal defense attorneys can argue that the alleged victim agreed to the risk of injury.
• Accident: If the injury occurred unintentionally and not due to recklessness or criminal negligence, we may be able to argue that it was an accident rather than an assault.
• Insanity or Diminished Capacity: In rare cases, if you were not able to understand the nature of your actions or distinguish right from wrong due to a mental condition, this might serve as a defense.
• Violation of Rights: If law enforcement violated your constitutional rights during the arrest or investigation, we may be able to have certain evidence suppressed or the case dismissed.
• Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. We can challenge the sufficiency of the evidence and argue that the state has not met its burden of proof.
• Plea Bargaining: While not a defense per se, negotiating with prosecutors for reduced charges or alternative sentencing can be an effective strategy in some cases.

As experienced aggravated assault defense attorneys, we at Trbovich Law Firm carefully evaluate each case to determine the most effective defense strategy. We consider all available evidence, witness statements, and the specific circumstances of the alleged incident to build the strongest possible defense for our clients.

Remember, every case is unique, and the effectiveness of these defenses can vary depending on the specific details of your situation. That's why it's crucial to consult with a skilled aggravated assault lawyer who can provide personalized advice and develop a tailored defense strategy for your case.

What To Do If Charged With Aggravated Assault in Buffalo

If you find yourself charged with aggravated assault in Buffalo, it's crucial to take immediate and appropriate action to protect your rights and improve your legal position. At Trbovich Law Firm, we recommend the following steps:

• Remain Silent: Exercise your right to remain silent. Anything you say can be used against you in court. Politely inform the police that you wish to exercise your right to remain silent and that you want to speak with an aggravated assault attorney.
• Do Not Resist Arrest: Even if you believe the charges are unfounded, do not resist arrest. Compliance can prevent additional charges and demonstrate cooperation, which may be beneficial later.
• Contact an Aggravated Assault Lawyer: Reach out to an experienced aggravated assault defense attorney as soon as possible. Early legal representation can significantly impact the outcome of your case.
• Preserve Evidence: If there's any evidence that might support your case (e.g., surveillance footage, witness contact information), make efforts to preserve it. Your attorney can help with this process.
• Document Everything: Write down everything you remember about the incident as soon as possible. Include details about what happened before, during, and after the alleged assault.
• Avoid Discussing Your Case: Do not discuss the details of your case with anyone other than your attorney. This includes avoiding posts about the incident on social media.
• Attend All Court Appearances: Make sure to appear for all scheduled court dates. Failure to appear can result in additional charges and complicate your case.
• Follow Your Attorney's Advice: Your aggravated assault lawyer will provide guidance tailored to your specific situation. It's crucial to follow this advice carefully.
• Consider Bail Options: If you're held in custody, discuss bail options with your attorney. They can help you understand the process and potentially secure your release.
• Gather Character References: Start collecting character references from employers, community leaders, or respected individuals who can speak to your character. These may be useful later in your defense.
• Stay Away from the Alleged Victim: If a restraining order is in place, adhere to it strictly. Even without an order, avoid any contact with the alleged victim or witnesses.
• Focus on Your Mental Health: Being charged with aggravated assault can be stressful. Consider seeking mental health support to help you cope with the situation.

At Trbovich Law Firm, we understand how overwhelming it can be to face aggravated assault charges. Our team of experienced aggravated assault lawyers is here to guide you through every step of the legal process. We'll work diligently to protect your rights, build a strong defense strategy, and strive for the best possible outcome in your case.

Protect Your Future: Contact Trbovich Law Firm Today

Don't face aggravated assault charges alone. At Trbovich Law Firm, our experienced aggravated assault lawyers are ready to defend your rights and fight for your future. Contact us now for a confidential consultation. Your freedom is too important to wait – let us put our knowledge and skills to work for you.

Aggravated Assault Lawyer FAQs

How long do I have to hire an aggravated assault lawyer after being charged? While there's no legal deadline, it's crucial to hire an attorney as soon as possible. Early representation can significantly impact the outcome of your case.

Can an aggravated assault charge be expunged from my record?

In New York, most felony convictions, including aggravated assault, cannot be expunged. However, certain records may be sealed under specific circumstances.

What's the difference between assault and aggravated assault in New York? Aggravated assault typically involves more serious injuries, use of a weapon, or assault against certain protected individuals like police officers. It carries more severe penalties than simple assault.

Will I automatically go to jail if convicted of aggravated assault?

While prison time is common for aggravated assault convictions, it's not automatic. Factors like prior criminal history and case specifics can influence sentencing.

How much does it cost to hire an aggravated assault lawyer?

Legal fees vary based on case complexity and the attorney's experience. At Trbovich Law Firm, we offer transparent fee structures and discuss costs during your initial consultation.

Can I change my aggravated assault lawyer if I'm not satisfied?

Yes, you have the right to change attorneys. However, it's important to consider timing and potential impacts on your case before making a switch.

How long does an aggravated assault case typically take to resolve?

Case duration varies widely, from a few months to over a year, depending on factors like case complexity, court schedules, and whether it goes to trial.

What if the victim wants to drop the aggravated assault charges?

In New York, the decision to press or drop assault charges lies with the prosecutor, not the victim. However, the victim's wishes can influence the prosecutor's decisions. Our assault charge lawyers can help.

Can I still be convicted if there's no physical evidence of assault?

Yes, conviction is possible based solely on witness testimony. However, lack of physical evidence can make the prosecutor's case more challenging to prove.

How does a plea bargain work in an aggravated assault case?

A plea bargain involves negotiating with prosecutors for reduced charges or sentencing in exchange for a guilty plea. The specifics depend on the case details and evidence strength.