Facing assault charges in Nassau County or elsewhere on Long Island is a serious matter. The legal system is complex, and a conviction can have severe consequences. An assault charge can impact your freedom, employment, and housing opportunities, with repercussions that extend far beyond the courtroom. Given these high stakes, you should never face these charges alone. Contact a trusted Nassau County criminal defense lawyer from The R.M.L. Law Firm, PLLC today. If your case involves a domestic violence dispute, our dedicated Long Island domestic violence lawyer is here to help.
Experienced Nassau County Assault Defense Lawyer Serving Long Island
Whether you are charged in Nassau County or anywhere else on Long Island, the stakes are high. A conviction could lead to jail time, hefty fines, and a criminal record.
At The R.M.L. Law Firm, PLLC, we are dedicated to providing aggressive and effective defense strategies tailored to the unique circumstances of your case. Our team, led by former Nassau County Senior Prosecutor Ramy M. Louis, leverages extensive knowledge of New York assault laws and a deep understanding of the local legal landscape in Nassau County and Long Island. We are committed to defending your rights and fighting for the best possible outcome, no matter where your case is being heard.
New York Assault Charges Explained
Assault charges in New York are categorized by degrees, with penalties varying depending on the severity of the injury, the intent behind the alleged action, and whether a weapon was involved. These cases often hinge on these legal distinctions, and it’s important to understand the specific charge you’re facing.
Assault in the Third Degree (PL 120.00), a Class A Misdemeanor
If you’ve been charged with Assault in the Third Degree, it generally means you allegedly caused physical injury to another person either intentionally, recklessly, or negligently. Common situations include bar fights or altercations in public spaces.
The key factors include:
- Intentional harm: You allegedly intended to cause physical injury.
- Reckless harm: Your actions were reckless and resulted in injury.
- Negligence with a weapon: You allegedly caused injury through criminal negligence, involving a dangerous instrument.
- In New York, “physical injury” refers to impairment of a person’s physical condition or substantial pain. The injury doesn’t have to be severe to meet this threshold.
A Third-Degree Assault conviction, a Class A misdemeanor, can lead to jail, fines, probation, and a criminal record. Even a misdemeanor assault conviction in Nassau County can hurt your chances at jobs, housing, and professional licensing. If you received a Desk Appearance Ticket (DAT), speak with a criminal defense attorney as soon as possible. An experienced attorney can guide you through the legal process and help fight for the best outcome in your case.
Assault in the Second Degree (PL 120.05), a Class D Violent Felony
Assault in the Second Degree is a more serious offense, charged when a weapon is involved or the alleged victim is a public servant, such as a police officer, firefighter, or EMT. You might face this charge if, for example, you are accused of causing physical injury with a dangerous weapon or preventing a public servant from performing their duties.
Specific situations that could lead to this charge include:
- You allegedly intentionally cause serious physical injury to someone.
- You use a deadly weapon or dangerous instrument to cause injury.
- You prevent a public servant (such as a Nassau County police officer) from performing their duties.
- You allegedly recklessly cause serious injury with a deadly weapon.
- Serious physical injury is legally defined as creating a substantial risk of death or causing disfigurement, or the loss of an organ or bodily function. For example, incidents involving knives or firearms in Nassau County neighborhoods like Westbury or Lynbrook could lead to these charges.
Assault in the Second Degree, a Class D felony, can lead to up to 7 years in prison, fines, and probation. A felony conviction can permanently impact your record and make it harder to find work, housing, or future opportunities.
Assault in the First Degree (PL 120.10), a Class B Violent Felony
First-Degree Assault is the most serious assault charge in New York, typically brought in cases involving life-threatening injuries, the use of a deadly weapon, or particularly reckless conduct. You might face this charge if you are accused of causing serious bodily harm or acting with depraved indifference to human life.
Common scenarios that could lead to this charge include:
- You intentionally cause serious physical injury to someone using a deadly weapon or dangerous instrument.
- You act with the intent to disfigure or disable another person permanently.
- You engage in conduct showing reckless disregard for human life and cause serious injury.
- You cause serious injury while committing or attempting to commit another felony.
The penalties for Assault in the First Degree are severe, as this charge is a Class B violent felony.
A First-Degree Assault conviction can bring up to 25 years in prison, heavy fines, and post-release supervision. It can severely damage your personal and professional life, especially in Nassau County, where background checks often affect housing, jobs, and licensing.
Building a Strong Defense in Nassau County, Long Island Against Assault Charges
Being charged with assault does not mean you are automatically guilty. At The R.M.L. Law Firm, PLLC, we recognize that every case is unique, and we approach each one with a tailored strategy designed to achieve the best possible outcome for you. Our firm has extensive experience defending individuals facing assault charges in a wide range of locations, from towns across Nassau County—such as Uniondale, Levittown, and Glen Cove.
Here’s how an assault lawyer can build a robust defense for your case:
Self-Defense or Defense of Others
Self-defense is a strong legal defense to assault charges under New York law. We argue you acted lawfully to protect yourself or others from immediate danger. For example, if a fight broke out at a Rockville Centre bar and you acted in self-defense, charges may be dropped. We’ll examine the facts closely to show your actions were reasonable and necessary in that moment.
Lack of Intent
Many assault charges hinge on proving intent. If there was no intent to cause harm or the injury was accidental, the prosecution’s case may be weaker. For example, if someone was hurt during an argument but not intentionally, we can argue it was not criminal.
Lack of Serious Injury
For more serious assault charges like Assault in the First or Second Degree, the prosecution must establish that the victim sustained a serious physical injury. If the alleged injuries fall short of this legal definition, we can challenge the validity of the charges. This defense might be applicable in cases where the injuries are less severe than claimed or where medical evidence does not support the prosecution’s assertion of serious harm.
False Allegations
False accusations can arise from personal grudges, misunderstandings, or intentional deceit. If you are facing assault charges based on incorrect or exaggerated claims, we will diligently work to uncover inconsistencies and inaccuracies in the accuser’s story. Our approach involves gathering evidence, interviewing witnesses, and leveraging our legal expertise to demonstrate that the allegations are untrue.
Alibi Defense
In some cases, we can establish that you were not present at the scene of the alleged incident. By providing a credible alibi with supporting evidence, such as witness testimony or surveillance footage, we can argue that you could not have committed the assault.
Procedural Errors
We’ll review your case for any procedural errors or rights violations that could affect the evidence against you. If there were unlawful searches or legal missteps, we may be able to challenge the prosecution’s evidence in court.
At The R.M.L. Law Firm, PLLC, we thoroughly investigate your case, build strategic defenses, and fight hard to protect your rights. Our goal is to provide you with the strongest defense possible and secure the most favorable outcome for your situation.
The Long-Term Impact of a Long Island Assault Conviction
An assault conviction can reverberate through nearly every aspect of your life, causing enduring consequences that extend well beyond the immediate legal penalties of jail time, probation, and fines. In Nassau County, Long Island, the ramifications of a criminal record can be far-reaching and affect various critical areas:
- Employment Challenges: An assault conviction can create significant barriers to securing employment. Many employers conduct background checks, and a criminal record can be a substantial deterrent, especially in fields that require trust and integrity, such as finance, healthcare, education, and law enforcement. Even if you are able to find employment, you might face limitations on career advancement or professional licensing opportunities.
- Housing Difficulties: Finding suitable housing can become a considerable challenge with a criminal conviction on your record. Landlords and property management companies often conduct background checks and may refuse to rent to individuals with a criminal history, particularly if the conviction is a felony. This can limit your housing options and may force you to settle for less desirable living arrangements. In some cases, landlords might also impose higher security deposits or rent premiums as a consequence of your criminal record.
- Immigration Consequences: For non-U.S. citizens, an assault conviction can have severe immigration implications. Depending on the circumstances, it could lead to deportation, denial of visa applications, or difficulties in securing or maintaining legal residency status. An assault conviction may be classified as a crime involving moral turpitude, which can impact your eligibility for citizenship or green card applications. Legal representation and guidance are crucial to navigate these complexities and address any immigration issues that arise.
- Educational and Professional Licensing: An assault conviction can also affect your ability to pursue higher education or obtain professional licenses. Many educational institutions and licensing boards require background checks as part of their admission or certification processes. A criminal record may disqualify you from certain programs or professions, such as teaching, healthcare, or legal practice, and could hinder your long-term career goals.
- Personal and Social Impact: Beyond the practical and professional implications, an assault conviction can have a profound impact on your personal life and relationships. The stigma associated with a criminal record can lead to social ostracization, strained family relationships, and a damaged reputation within your community. Rebuilding trust and repairing relationships can be challenging and may require significant time and effort.
- Financial Impact: The financial burden of a conviction extends beyond fines and legal fees. The long-term challenges in securing stable employment and housing can lead to financial instability, affecting your ability to manage everyday expenses, save for the future, or plan for major life events.
Why Choose a Lawyer from The R.M.L. Law Firm, PLLC for Your Long Island Assault Defense?
We defend the rights of individuals charged with assault across Long Island. Here’s why clients trust us:
- Former Nassau County Senior Prosecutor: As a former Senior Assistant District Attorney in Nassau County, assault lawyer Ramy M. Louis brings a unique insider’s perspective to your defense. He knows how prosecutors build their cases and will use this experience to anticipate their strategies and craft a robust defense for you.
- Deep Local Knowledge: We have extensive experience defending clients in Nassau County courts, including Hempstead and Mineola. We understand the local court systems and have built strong relationships within these communities.
- Aggressive Defense Strategies: We leave no stone unturned in investigating your case and building a defense. Whether negotiating a favorable plea or taking your case to trial, we fight tirelessly to protect your rights.
Contact The R.M.L. Law Firm, PLLC for Your Long Island Assault Defense Needs
When facing assault charges in Nassau County or across Long Island, it’s critical to have experienced legal representation. At The R.M.L. Law Firm, PLLC, we provide aggressive defense strategies to protect your rights and fight serious charges head-on.
Whether you are facing a misdemeanor or felony charge, our team will fight tirelessly to protect your future. Don’t leave your case to chance—contact us today to schedule a free consultation.
