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Pre-Arrest FAQ

Assault

ASSAULT

In Queens, Brooklyn, and Manhattan, Assault in the Third Degree (P.L.120) is a misdemeanor charge that involves either intent to cause injury, recklessly causing physical injury or through negligence causing physical injury with a weapon or a deadly instrument.

In New York, a judge may sentence a defendant to a term of imprisonment of up to one year for assault in the third degree.

Assault charges frequently arise from disagreements or encounters that got out of hand between family, loved ones, friends, partners or acquaintances.  Domestic disputes often result in assault in the third degree charges.

At the Law Office of Lombardino & Nektalov we understand that assault charges are often the result of highly emotional circumstances that got out of control.   

Many times these charges can be defended by arguing self-defense, pointing out to the Court and District Attorney’s office that the complainant who brought the charges was not reliable or even lied.  Often our firm’s investigation reveal the fact pattern did not rise to the legal definition of assault or the purported injuries were not caused by our client.

Recently, we have seen cases where the complaining witness is abusing the district attorney’s office and the NYPD by filing assault charged in order to secure a green card or establish legal permanent residency under VAWA (Violence Against Women Act).

The point is that Assault charges can be defended aggressively and we can secure a favorable disposition that will not lead to a criminal record. 

Assault in the Second Degree

The charge of Assault in the Second Degree (P.L.120) is a (D) felony charge that involves the intent to cause serious physical injury to another person, and then causing such injury to that person or another person.  It is also when with intent to cause physical injury to another person; the defendant causes the injury with a deadly weapon.

In New York, Assault in the Second Degree charge usually arise out of a serious altercation between two people and usually involve a weapon.  To be charged with Assault in the Second Degree, the weapon can be a range of objects like a typical knife or a household lamp.

The typical case involving this charge arises out of bar fight where the victim is hit with an empty beer bottle or It can arise out of a domestic violence altercation.

Sometimes, Assault in the Second Degree does not involve any weapons but does involve a serious injury, which can elevate a simple misdemeanor Assault in the Third degree charge to a felony because of the serious injuries. 

This charge can result in a jail incarceration sentence from two years to seven years depending on the severity of the injury.

At the Law Office of Lombardino & Nektalov we understand that Assault in the Second Degree charges are often the result of serious and continuous provocation.  Many times these charges can be defended by arguing self-defense, pointing out to the Court and District Attorney’s office that the complainant who brought the charges was not reliable or even lied about what transpired on the day of this alleged incident. 

Many times our firm’s investigation reveal the purported injuries were not caused by our client or were not a result of how the complainant is alleging they occurred.  Assault in the Second Degree charges can have defenses and we can secure a favorable disposition that will not lead to a criminal record and deportation from the United States of America.

Contact our office immediately to discuss your case. Call the Law Office of Lombardino & Nektalov now at (718) 849 7272

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