If you are reading this, you might be feeling confused, scared, and unsure of what is going to happen next. Facing an assault charge, especially one where alcohol or drugs were involved, can make everything feel even more overwhelming. We want you to know that you are not alone. Here, we understand that you are looking for someone to guide you through this difficult time. Our team knows how serious your situation is and how much you want to protect your future. We are here to help you make sense of it all and to fight for the best outcome possible.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding Assault Charges in New York
Assault in New York means hurting someone or trying to hurt someone on purpose. There are different levels of assault, depending on how bad the injury is and whether a weapon was used. Assault can be charged as a misdemeanor or a felony. Misdemeanors are less serious, but they still can lead to jail time and a criminal record. Felonies are much more serious and can result in longer prison sentences.
When alcohol or drugs are involved, it can make the case even more complicated. Courts in New York look closely at how substances influenced the behavior of everyone involved. Understanding how alcohol or drugs play a role is important for building a strong defense.
How Alcohol Affects Assault Cases
Alcohol can lower a person’s ability to think clearly and control their actions. When someone is drunk, they might say or do things they would not normally do. In some assault cases, the person accused might not have intended to hurt anyone but acted out of confusion, fear, or poor judgment caused by drinking.
Related Videos
Criminal Mischief in the First Degree
Felonies versus Misdemeanors
The Role of Consent and Self Defense
When alcohol or drugs are involved, it can be harder to figure out what really happened during the incident. Maybe you were defending yourself. Maybe the other person agreed to a fight and later claimed it was assault. In New York, if you can show that you acted in self defense or that the other person was just as responsible, it can make a big difference in your case.
Proving self defense means showing that you had a reason to believe you were in danger and that you used only as much force as needed to protect yourself. If both sides were drunk or high, memories can be fuzzy and witnesses might not remember everything clearly. That can sometimes help create reasonable doubt about what really happened, which can work in your favor.
How Prosecutors Handle These Cases
Prosecutors in New York take assault cases seriously, especially when there is serious injury. When alcohol or drugs are involved, prosecutors will look closely at the facts to decide how to move forward. They may consider things like who started the fight, how badly someone was hurt, and whether the accused has any past criminal history.
Sometimes prosecutors might offer a plea deal to avoid a long trial. This could mean reduced charges, probation instead of jail time, or other options. Whether a deal is a good idea depends on the details of your case. Having a knowledgeable attorney can help you understand your choices and whether fighting the charges or negotiating is the better path.
Case Results
Possible Defenses When Alcohol or Drugs Are Involved
There are several ways to defend an assault case where substances played a role. One defense is that you did not have the intent to harm anyone. Another defense is that you were defending yourself. In some cases, it might be possible to show that the injuries were not as serious as the other side claims.
If you were under the influence because someone drugged you without your knowledge, that could also be a defense. Every case is different, and what works for one person might not work for another. That is why it is so important to have a defense that is carefully built around the facts of your case.
Why Hiring the Right Attorney Matters
Assault charges in New York are serious, and when alcohol or drugs are involved, the case can be even more complicated. You need someone who knows the law, knows the courts, and knows how to tell your side of the story in a way that makes sense to judges and juries.
An experienced attorney can look at all the evidence, find weaknesses in the prosecution’s case, and help you understand your options. Sometimes that means fighting the charges all the way. Sometimes it means negotiating for a better outcome. In either case, you want someone standing beside you who is calm, strong, and ready to protect your future.
How the Law Sees Voluntary Intoxication
It is important to know that New York law does not usually let you use being drunk or high as an excuse for breaking the law. This is called voluntary intoxication. If you chose to drink or take drugs and then committed a crime, the court will usually hold you responsible.
However, voluntary intoxication can sometimes be used to show that you did not have the specific intent needed for certain types of assault charges. For example, if the charge is for intentional assault, but the evidence shows you were too impaired to form that intent, it could lead to reduced charges. It is a very complicated part of the law, but it can sometimes make a big difference in the result of your case.
What Happens After an Arrest
After an arrest for assault in New York, you will go through several steps. First, there is an arraignment where the charges are read, and you enter a plea. Then there might be bail hearings, discovery where both sides share evidence, and pretrial motions. If the case does not settle, it will go to trial.
During this time, having a strong defense team is critical. Evidence needs to be reviewed. Witnesses may need to be interviewed. Negotiations might happen behind the scenes. At every step, decisions need to be made carefully. One wrong move can have a big impact on your future. That is why having the right legal team matters so much.
We Are Here to Help You Move Forward
If you or someone you love is facing assault charges where alcohol or drugs were involved, now is the time to get help. At Arthur L. Pressman, Attorney at Law, we understand what you are going through. We are ready to listen, ready to stand up for you, and ready to fight for the best possible result. Do not try to handle this alone. Call us today and let us help you find a path forward. Your future is worth protecting.