In New York, Assault cases can run from the most serious Assault in the First Degree, which carries a sentence of up to 25 years in prison to the less serious (but still very serious) Assault in the Third Degree which carries a sentence of up to one year in jail.  While these cases are serious, they are often hard to prove and a skilled New York criminal defense lawyer can often utilize multiple avenues from which to attack these cases. 

                Many, if not most, assault cases result in the issuance of an Order of Protection against the accused.  This has its own substantial consequences to an accused person who is still presumed innocent until he or she is convicted.  As a result of the issuance of an Order of Protection, however, the accused can be forced out of his home, school or place of business and be forced to turn in any firearms that he has whether or not he needs those firearms for work. 

                Assault cases usually rely on eye-witness testimony which is recognized by most experts as inherently imperfect.  In addition, the defense of self-defense is a common defense that applies in many assault cases.   Unlike affirmative defenses, the defense of self-defense requires that the prosecutor prove beyond a reasonable doubt that the accused was not acting in self-defense.   That is to say that the prosecutor has the burden of disproving self-defense. 

                The issue of the seriousness of the injury to the victim is one of the most important factors that determine the level of assault with which a person will be charged and any plea offers that your attorney will be able to negotiate.  The level of injury itself can be difficult to prove and there is substantial case law about the level of proof to sustain various levels of injury. 

                In fighting New York assault cases, a skilled attorney will often utilize the expertise of doctors or other experts to attack the prosecution’s case.  The defense doctor can be utilized not only for his testimony but a skilled attorney will utilize the doctor to review all of the victim’s medical records and help prepare the cross-examination of the prosecutor’s witnesses and doctors. 

                By a getting a skilled and experience lawyer involved early, a defendant can improve his chances of successfully fighting the case.  At the beginning of the case your attorney can preserve evidence, locate witnesses and utilize experts and investigators to prepare a defense.

If you or a loved one has been accused of a homicide, contact an experienced attorney as early as possible. 

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            Please contact Tilem and Campbell, PC regarding your legal matter. We can be reached by phone at (914) 833-9785, or by E-Mail.