Getting charged with assault is scary and can potentially be life-ruining. There are a few things that you should know about assault charges.
Assault Charges: Assault with a Dangerous Weapon
Assault in the first degree occurs when you intentionally cause serious physical injury to another person using a dangerous weapon or instrument. This is a serious, violent felony, which is a Class C felony in New York State. You could be punished up to 15 years in jail.
Assault Charges: Assaulting a Police Officer
If you assault a police officer, a peace officer, an emergency medical technician, or any medical emergency services provider, you may be guilty of a felony assault. If you are charged with assaulting a police officer, it is important that you contact an experienced criminal attorney to defend you. This is a Class C felony in New York State, and you could be sentenced to up to 15 years in a state penitentiary.
Assault Charges: ACD
For a first offense, an experienced attorney is usually able to negotiate an ACD, which is an abbreviation for adjournment and contemplation of dismissal. What this means is, if you stay out of trouble for the next six months, fulfill any condition that the court imposes, then the charges will be dismissed, your record will be sealed and expunged, and this will be like it never happened.
Assault Charges: Adult vs Youthful Offender
New York State categorizes crimes between adult and youthful offender. There are also cases that are sent to family court based on age as well. If you are above the age of 16, in most cases you will be prosecuted in adult court. However, if you are between the ages of 16 and your 18th birthday, you will be treated as a youthful offender. If you are under 16 years of age, your case will more than likely be referred to family court as a juvenile offender.
If you need representation because of assault charges, please schedule a free consultation with our Buffalo Criminal Defense Attorney Arthur Pressman. Let him be your ticket to justice.