Assault & Battery in New York
Let Tilem & Associates, PC Fight for You
In New York, assault cases can run from 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 White Plains criminal defense lawyer can often utilize
multiple avenues from which to attack these cases.
These cases usually rely on eye-witness testimony, which is recognized
by most experts as imperfect. In addition, self-defense is a common defense
that applies in many cases. Unlike affirmative defenses, 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.
Orders of Protection in Assault Cases
Many, if not most, assault cases result in the issuance of an order of
protection. 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 this order, 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.
Serious Charges Require a Serious Defense
The seriousness of the injury that the victim sustained is one of the most
important factors that will be considered in determining the level of
assault with which a person will be charged and any plea offers that your
criminal defense 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.
When fighting an assault case, a skilled lawyer 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
also to review all of the victim’s medical records and help prepare
the cross-examination of the prosecutor’s witnesses and doctors.
Involving a lawyer early on can improve your chances of walking free.
Call Now for the Help You Need
If you or a loved one has been accused of an assault, you should contact
a White Plains criminal attorney as early as possible. Tilem & Associates,
PC is ready to hear your side of the story.
We can be reached by phone at (888) 840-0043.