Are There Different Types of Assault Charges?

Criminal Defense Lawyer New York, NY

Are There Different Types of Assault Charges?

Criminal Defense Lawyer New York, NYIf you attack someone and they are injured as a result, you could be charged with assault. If you even threaten to hurt someone, you could be charged with a crime. Anytime you intentionally hurt someone or someone feels that you intend to physically harm them, you can be charged with assault. If any of these scenarios describe your situation, contact a criminal defense lawyer in New York, NY from Okun, Oddo & Babat, P.C. It will be important to protect your rights from the very beginning of the criminal justice process.

Because the criteria for being charged with assault includes not just the actual act of hurting someone, but also the intention of hurting someone, law enforcement officers can make an arrest even before a victim is harmed. However, there must be reasonable proof or circumstances that lend toward the certainty that without a third party’s intervention, someone will be seriously injured.

If someone says “I’m going to stab you” but there is no visible sign of a knife, they will probably not be charged with assault. However, if there is evidence to enforce the person’s threat, then they may be charged with assault and subsequently need to hire a criminal defense lawyer in New York, NY.

What is the difference between a charge of simple assault and aggravated assault?

The type of assault one may be charged with will depend on certain details — whether or not they used a weapon, if the attack resulted in an injury to the victim, and other factors. However, there are exceptions to the rule as a criminal defense lawyer in New York, NY from Okun, Oddo & Babat, P.C. can tell you.

A simple assault is usually charged as a misdemeanor. Note that a simple assault can escalate to aggravated assault when the seriousness of the attack warrants a more severe punishment. Any of the following circumstances may elevate an assault charge to an aggravated assault charge:

  • The victim’s status within the community
  • Using a weapon
  • The perpetrator’s intent
  • How badly the victim was injured

Aggravated Assault

Some states include aggravated assault within their criminal code. A charge of aggravated assault may be considered a felony. Aggravated assault is when the person commits the assault using a deadly weapon such as a gun. This is true even if the weapon did not cause physical harm to anyone. The reasoning is that a gun has the potential to cause a serious injury or death. This is often referred to as assault with a deadly weapon. If you were charged with this crime, it’s very important that you contact a criminal defense lawyer in New York, NY immediately.

Assaults can turn into aggravated assaults if the victim is a teacher, firefighter, or police officer. Usually, the victim needs to be on duty when the assault occurs. In addition, the perpetrator had to be aware that the victim worked in that capacity.

Protect Your Rights

Because assault and aggravated assault laws are different in each state and the definitions of the various assault charges can be confusing, contact an experienced lawyer for clarity. Our legal team has the experience necessary with assault cases to protect your rights and possibly get your charges reduced or dropped. Call us today to schedule a free consultation with a criminal defense lawyer New York, NY residents turn to from Okun, Oddo & Babat, P.C.