An individual arrested for striking another person in NY is often charged with assault. There are many different varieties of assault charges, including:
- Assault in the third degree
- Assault in the second degree
- Assault in the first degree
- Vehicular assault in the second degree
- Vehicular assault in the first degree
The prosecutors decide which charges to apply based on a variety of factors including the extent of the injury, the motivation for the attack, and whether a weapon was used. Usually an individual facing an assault charge will also be charged with attempted assault, menacing or harassment. These additional charges are lesser charges, which will not increase your sentence, but are included to convict you of a lesser offense if the prosecutor fails to prove the top charge.
Many attorneys will be quick to encourage you to take a plea, but make sure you know all the facts before you do. Often times a guilty plea will carry long lasting consequences such as criminal record or order of protection. The attorneys at the Law Offices of Adam Perlmutter get all the facts before making a recommendation.
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