Assault is one of the most common—and most serious—violent offenses prosecuted in New York. Under the New York Penal Law, assault involves intentionally, recklessly or negligently causing physical injury to another person. The level of force used, the extent of the injury, and the circumstances of the incident determine whether someone is charged with Assault in the Third Degree, Second Degree, or First Degree.
Because assault charges can carry jail or prison time, orders of protection, fines, and a lasting criminal record, it’s critical to have a skilled criminal defense attorney who understands the complexities of these statutes and the available defenses.
Assault in the Third Degree is typically charged as a Class A misdemeanor. A person may be accused of this offense if they:
Even as a misdemeanor, a conviction can result in jail time, probation, mandatory programs, and a permanent criminal record.
Assault in the Second Degree is a Class D violent felony, making it far more serious. It may be charged when someone is accused of:
Convictions can involve state prison time and significant long-term consequences.
Assault in the First Degree is a Class B violent felony, one of the highest-level assault offenses in New York. This charge may involve allegations of:
Penalties often include substantial prison sentences and long-lasting collateral consequences.
There are also other sections involving gang assault, which may apply when 3 or more persons are involved. The nuances of assault charges, and their defenses, are well known to our office, as we have successfully defended hundreds of these cases over the years.
An assault conviction can affect your freedom, your career, and your future opportunities. Our firm takes a strategic and aggressive approach to every assault case, working to protect your rights from the initial arrest through the final resolution. We analyze the facts, challenge the prosecution’s assumptions, and pursue the best possible outcome for every client.
THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.
FAQS
Lo Piccolo Law
is dedicated
to protecting your rights, your freedom,
and your future at
every stage of
your case.
Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.
Most court appearances are logged in the New York State Courts
database, commonly referred to as WEBCRIMS.
https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch
Please note that mis-spelling is common and that Desk Appearance
Tickets may not appear until a few days before the date on the ticket
OR not at all. Sometimes, these cases will not be logged into the system
until after that first initial appearance.
New York State Courts, as well as local village courts can be found at: LINK
Federal Courts can be found https://www.uscourts.gov/
For Nassau County Jail
https://app.nassaucountyny.gov/Sheriff/inmate_visit/A.
For Suffolk County Jail
https://www.suffolkcountysheriffsoffice.com/visiting-information
There are rules for each visit so please review them when preparing
to visit a loved one or friend.
Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.
What is Bail?
Bail is a securing order to ensure an accused’s return to court. IF Bail is
set, a person is detained at the local jail until bail is posted. If Bail is set,
it can be posted at arraignments if family is present, 24 hours a day at the
local jail and Monday through Friday between 9-4:30 p.m. at the Court.
If you are posting a Partially Secured Bond (please allow at least 2 hours
for this process).
contact Us
666 Old Country Road,
Suite 207
Garden City, NY 11530
