At Trbovich Law Firm, we understand the serious nature of assault charges and their potential impact on your life. As dedicated Buffalo assault defense lawyers, we are committed to providing robust legal representation to those facing assault allegations in Western New York. Our team of experienced criminal defense attorneys works tirelessly to protect your rights, freedom, and future. For robust assault charge defense, contact us today.
What Constitutes Misdemeanor Assault Charges in Buffalo, NY?
In Buffalo, NY, misdemeanor assault charges fall under Assault in the Third Degree as defined by New York State law. Here's what constitutes misdemeanor assault in Buffalo, according to the New York Penal Law § 120.00:
Assault in the Third Degree (NY Penal Law § 120.00)
Definition: A person is guilty of assault in the third degree when:
- Intentionally causing physical injury to another person.
- Recklessly causing physical injury to another person.
- Negligently causing physical injury to another person using a deadly weapon or dangerous instrument.
Assault in the Third Degree Penalties:
Class A Misdemeanor, which carries potential consequences of up to 1 year in jail, probation, fines, or community service.
Quoted from the statute:
“A person is guilty of assault in the third degree when:
- With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
- He recklessly causes physical injury to another person; or
- With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument."
This is the primary charge for misdemeanor assault in Buffalo and across New York State.
Types of Misdemeanor Assault Charges We Handle
As your dedicated Buffalo assault defense lawyer, Trbovich Law Firm is well-versed in handling various types of misdemeanor assault criminal charges. In New York State, misdemeanor assault charges are less severe than felony charges but still carry significant penalties and potential long-term consequences. Our criminal defense attorneys are prepared to defend you against all types of misdemeanor assault charges in Buffalo.
Third-Degree Assault (NY PL § 120.00)
Third-degree assault is the most common misdemeanor assault charge in Buffalo. As your Buffalo assault defense attorney, we often handle cases involving:
- Intentionally causing physical injury to another person
- Recklessly causing physical injury to another person
- Negligently causing physical injury to another person with a deadly weapon or dangerous instrument
This criminal charge is a Class A misdemeanor, punishable by up to one year in jail, fines, and probation. Our Buffalo criminal defense lawyers will thoroughly investigate the circumstances of your case to build a strong defense strategy.
Attempted Assault in the Third Degree (NY PL § 110/120.00)
If you're accused of trying to cause physical injury to another person but were unsuccessful, you may face charges of attempted assault in the third degree. Our Buffalo assault defense attorneys have experience in defending against these charges, which can result in up to 90 days in jail if convicted.
Menacing in the Second Degree (NY PL § 120.14)
While not strictly an assault charge, menacing is often associated with assault cases. This charge involves:
- Intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury, or death
- Repeatedly committing acts over a period of time that place a person in reasonable fear of physical injury, serious physical injury, or death
As your Buffalo assault defense lawyer, we'll work to challenge the prosecution's evidence and protect your rights.
Reckless Endangerment in the Second Degree (NY PL § 120.20)
This charge involves recklessly engaging in conduct that creates a substantial risk of serious physical injury to another person. Our criminal defense attorneys have defended numerous clients against this charge, which is a Class A misdemeanor.
Hazing in the First Degree (NY PL § 120.16)
In Buffalo, hazing can sometimes lead to misdemeanor assault charges. This offense occurs when a person intentionally or recklessly engages in conduct during another person's initiation into an organization, which creates a substantial risk of physical injury. Our Buffalo assault defense lawyers are equipped to handle these unique cases.
Assault on a Child Under 11 Years Old (NY PL § 120.01)
This specific charge applies when a person over 18 years old recklessly causes physical injury to a child under 11 years old. As your Buffalo assault defense attorney, we understand the sensitivity of these cases and will approach them with the utmost care and diligence.
Vehicular Assault in the Second Degree (NY PL § 120.03)
While often charged as a felony, under certain circumstances, vehicular assault can be a misdemeanor. This charge involves causing serious physical injury to another person while operating a motor vehicle while intoxicated or impaired. Our Buffalo misdemeanor defense lawyers have experience in handling the complexities of cases involving both assault and DWI charges.
At Trbovich Law Firm, our Buffalo assault defense attorneys are committed to providing robust defense against all types of misdemeanor assault charges. We understand that each case is unique, and we tailor our defense strategies to the specific circumstances of your situation.
How Our Misdemeanor Assault Lawyers Can Help
At Trbovich Law Firm, we understand the stress and uncertainty that come with facing misdemeanor assault charges in Buffalo. Our dedicated team of Buffalo assault defense attorneys is here to guide you through every step of the legal process. Here's how we can assist you:
Case Evaluation and Strategy Development
We begin by thoroughly reviewing your case, analyzing all available evidence, and identifying the strengths and weaknesses of the prosecution's arguments. Based on this comprehensive evaluation, we develop a tailored defense strategy that best suits your unique situation.
Protection of Your Constitutional Rights
Our primary concern is safeguarding your rights throughout the legal process. We ensure that proper procedures were followed during your arrest, challenge any improperly obtained evidence, and protect your right to a fair trial.
Investigation and Evidence Gathering
We conduct an independent investigation into your case, interviewing witnesses, analyzing surveillance footage, and consulting experts when necessary. We aim to gather all possible evidence supporting your defense or challenging the prosecution's case.
Negotiation with Prosecutors
In many cases, negotiation can lead to favorable outcomes. We engage in discussions with prosecutors to seek reduced charges, alternative sentencing options, or diversion programs that can minimize the impact on your life.
Strong Courtroom Representation
If your case goes to trial, our experienced Buffalo assault defense lawyers will present a compelling narrative, effectively cross-examine witnesses, and deliver persuasive arguments to protect your interests in court.
Mitigation of Consequences
Even when a conviction can't be avoided, we work diligently to minimize its impact on your life. We advocate for reduced sentences, seek alternatives to incarceration, and guide you through any court-ordered requirements.
Guidance Through the Legal Process
We're here to demystify the criminal justice system for you. We'll explain the charges, keep you informed about your case's progress, and address all your questions and concerns along the way.
Post-Conviction Support
Our support doesn't end with a verdict. If necessary, we can assist with appeals, sentence modifications, and explore options for record sealing or expungement when eligible.
Dealing with Collateral Consequences
A misdemeanor assault conviction can affect many aspects of your life. We'll advise you on managing potential impacts on your employment, professional licenses, housing options, and more.
Peace of Mind
Above all, when you choose Trbovich Law Firm, you gain peace of mind. You can trust that your case is in capable hands and that we're exploring every possible avenue for your defense.
What To Do If Charged with a Misdemeanor Assault
At Trbovich Law Firm, we understand that being charged with a misdemeanor assault can be a frightening and confusing experience. As your Buffalo assault defense attorneys, we want to guide you through the crucial steps to take if you find yourself in this situation.
Remain Calm and Exercise Your Right to Remain Silent
If you're arrested or questioned about a misdemeanor assault, it's crucial to stay calm. Remember, you have the right to remain silent. Politely inform the officers that you wish to exercise this right and that you want to speak with a Buffalo assault defense lawyer before answering any questions.
Contact a Buffalo Assault Defense Attorney Immediately
Your next step should be to contact an experienced criminal defense attorney. At Trbovich Law Firm, our Buffalo assault defense lawyers are available to provide immediate assistance. The sooner we can start working on your case, the better we can protect your rights and build a strong defense strategy.
Document Everything You Remember
While the events are still fresh in your mind, write down everything you can remember about the incident. Include details about what happened before, during, and after the alleged assault. This information can be invaluable to your Buffalo assault defense attorney in constructing your defense.
Gather Potential Evidence
If there were witnesses to the incident, try to get their names and contact information. If you have any visible injuries, photograph them. Also, preserve any clothing or objects that might be relevant to your case. Your criminal defense lawyer can help determine what evidence might be useful.
Avoid Discussing Your Case
Beyond speaking with your Buffalo assault defense attorney, avoid discussing your case with anyone else. This includes friends, family, and especially the alleged victim. Any statements you make could potentially be used against you in court.
Follow All Court Orders
If you're released on bail or your own recognizance, make sure to comply with all court orders and attend all scheduled court appearances. Failure to do so could result in additional charges and complicate your case.
Seek Medical Attention If Necessary
If you sustained any injuries during the incident, seek medical attention promptly. Not only is this important for your health, but medical records can also serve as valuable evidence in your case.
Stay Off Social Media
Refrain from posting anything about your case on social media platforms. Prosecutors can use your online activity as evidence against you. It's best to maintain a low profile online until your case is resolved.
Consider Counseling or Anger Management
Depending on the circumstances of your case, voluntarily attending counseling or anger management classes might be beneficial. This proactive step can sometimes be viewed favorably by the court.
Trust Your Buffalo Assault Defense Lawyer
At Trbovich Law Firm, we're committed to providing you with the best possible defense. Trust in our experience and follow our guidance throughout the legal process. We'll work tirelessly to protect your rights and achieve the best possible outcome for your case.
Get Legal Defense for Your Assault Case Today
Don't face assault charges alone. At Trbovich Law Firm, our Buffalo assault defense attorneys are ready to fight for your rights and future. Contact us now for a confidential consultation. Your freedom is our priority.
Buffalo Assault Defense Lawyer FAQs
At Trbovich Law Firm, we understand that facing assault charges can raise many questions. As your dedicated Buffalo assault defense attorneys, we're here to provide clarity and guidance. Here are some frequently asked questions we often encounter:
How long does a misdemeanor assault case typically take to resolve?
The duration of a misdemeanor assault case can vary significantly depending on the specific circumstances. Some cases may be resolved in a few months, while others can take a year or more. Factors that influence the timeline include the complexity of the case, court schedules, and whether a plea agreement is reached or the case goes to trial. As your Buffalo assault defense lawyers, we work diligently to resolve your case as efficiently as possible while ensuring your rights are protected.
Can a misdemeanor assault charge be expunged from my record?
In New York, misdemeanor convictions cannot be expunged. However, under certain circumstances, they may be eligible for sealing. This process can limit who can access your criminal record. The eligibility for record sealing depends on various factors, including the specific charge, your criminal history, and the time elapsed since the conviction. Our criminal defense attorneys can guide you through the process of determining your eligibility and pursuing record sealing if possible.
What's the difference between assault and battery in Buffalo?
In New York State, including Buffalo, there's no separate charge for battery. Actions that might be considered battery in other states are typically charged as assault in New York. Assault charges generally involve causing physical injury to another person, while harassment charges often cover threats or physical contact that don't result in injury. Our Buffalo assault defense lawyers can explain how these distinctions apply to your specific case.
Can the alleged victim drop the charges against me?
It's a common misconception that the alleged victim can simply "drop the charges" in an assault case. In reality, once the police have been involved and charges have been filed, the decision to proceed with the case lies with the prosecutor, not the alleged victim. However, the victim's cooperation (or lack thereof) can influence the prosecutor's decisions. Our criminal defense attorneys can help navigate this complex situation if it arises in your case.
Will I have to testify in court if my assault case goes to trial?
As the defendant, you have the constitutional right to remain silent, which means you cannot be forced to testify. The decision to testify is a strategic one that should be made in consultation with your Buffalo assault defense lawyer. We'll advise you on the potential benefits and risks of testifying based on the specifics of your case and help you make an informed decision.
How might an assault conviction affect my immigration status?
For non-citizens, an assault conviction can have serious immigration consequences, potentially leading to deportation or inadmissibility. The specific impact depends on factors such as your current immigration status, the nature of the assault charge, and your criminal history. If you're not a U.S. citizen, it's crucial to inform your Buffalo assault defense attorney so we can consider the potential immigration consequences when developing your defense strategy.
Can I still own a firearm if I'm convicted of misdemeanor assault?
A misdemeanor assault conviction can affect your right to own firearms. Under federal law, individuals convicted of misdemeanor domestic violence are prohibited from possessing firearms. New York State law may impose additional restrictions. Our criminal defense lawyers can explain how a potential conviction might impact your firearm rights and work to minimize these consequences.
What if the assault charge stems from a bar fight or similar altercation?
Assault charges arising from bar fights or similar situations often involve complex factors such as self-defense claims, multiple participants, and alcohol influence. These cases may also involve challenges in witness reliability due to intoxication. Our Buffalo assault defense attorneys have experience with these types of cases and can work to uncover evidence that supports your side of the story.
How does New York's "Raise the Age" law affect juvenile assault cases?
New York's "Raise the Age" law changed how the criminal justice system handles cases involving 16 and 17-year-olds. Most cases for this age group are now handled in Family Court or the Youth Part of Criminal Court, rather than adult criminal court. This can affect the process and potential consequences of assault charges for young defendants. Our criminal defense lawyers stay up-to-date on these laws to provide appropriate guidance for younger clients and their families.
