Frequently Asked Questions About New York’s Assault Law
In New York State a person commits an assault against another when he or she intentionally or recklessly causes physical injury to another person. The seriousness of the assault depends on the nature of the injury, whether a weapon was used and whether the injury occurred in furtherance of committing another crime. Assaults can be charged as misdemeanors or felonies.
Generally, misdemeanor assaults involve injuries that are not caused by using a weapon or dangerous instrument. Felony assaults often involve injuries that were caused by the use of a weapon or dangerous instrument. Additionally, a felony assault can be committed when the person inflicting the injury intended on inflicting serious physical injury with or without a weapon and in fact caused the person to have serious physical injury. Here are answers to questions our team at Joey Jackson Law, PLLC., are often asked. For legal advice and representation, call our office at 833-563-9522 to schedule a consultation.
I was involved in a fight that I did not start and I got arrested and charged with assault. Can you help me?
Yes we can. In most cases where there is a fight, the arresting officers are not present when the fight begins. Therefore, they do not know who started the fight or the reason for the fight. By the time the officers arrive at the scene, they just see injured parties. If someone points you out as the person that injured them and the police officers actually see injuries on the other person, you will get arrested. If the police officers see injuries on you, the person or persons that caused your injuries will get arrested. This is known as a cross-complaint. You will both be processed at the precinct and a court case will be initiated.
There are various defenses that can be asserted in defending an assault case. Sometimes the injuries were caused by accident and sometimes the injuries were caused because a person is defending themselves. An experienced attorney will know how to defend your assault charges.
Can I get arrested for threatening another person?
Yes, under New York Law, a threat to cause physical injury to another person can get you arrested. There is a crime called menacing which is a misdemeanor. Menacing is when you place somebody in fear of physical injury. Menacing occurs by displaying what appears to be a weapon or dangerous instrument and then causing a person to fear physical injury. Menacing can also be committed by physical menace such as making a fist and threatening to punch a person who then feared physical injury. Unlike assault, menacing does not require any proof of physical injury.
Oftentimes people making these allegations tend to exaggerate or make false allegations in order to get a person arrested. When the police arrive at the scene, people tend to try to talk themselves out of an arrest by the police. Sometimes this can make the situation worse because there may be admissions that are made during that conversation with the police that can be used against you in the criminal case. Therefore, if you are ever contacted by the police and they inform you that they’re going to arrest you for assault or menacing, do not make any statements to them and contact a criminal defense lawyer to protect your rights.
You may consider it a misunderstanding but the police consider it a crime. If you get arrested for assault, contact Joey Jackson Law, PLLC., online or by calling 833-563-9522. We serve clients throughout the New York City area.