Assault charges in New York are taken very seriously by the justice system. When someone is accused of assault, their prior criminal history may be taken into account when determining their punishment if they are convicted. In this blog post, we’ll explore the impact of prior convictions on assault charges in New York.
Assault Charges in New York
Assault charges in New York can range from a misdemeanor to a felony, depending on the severity of the offense. Simple assault, which involves the intentional or reckless infliction of physical injury, is a misdemeanor. Assaults that involve serious bodily injury or the use of a deadly weapon are considered felonies.
Prior Convictions and Assault Charges
When someone is accused of assault in New York, their prior criminal history may be taken into account by the court. If the accused has a prior criminal record, especially one that includes violent offenses, it can significantly impact the outcome of their case.
Under New York law, a person’s prior convictions may be used to enhance the severity of their current charge. For example, if someone has been convicted of assault in the past and is accused of a similar offense, their prior conviction may be used to elevate their current charge from a misdemeanor to a felony.
A prior conviction may be used to increase the punishment for the current offense. For instance, someone with a prior conviction for assault may face a longer prison sentence or higher fines if they are convicted of assault again.
Impact on Sentencing
If someone is convicted of assault in New York and has prior convictions, the judge may take those prior convictions into account when determining their sentence. The judge will consider the nature of the prior offenses, the length of time since the last conviction, and other factors to determine the appropriate sentence.
In some cases, a prior conviction may result in a longer prison sentence or higher fines. However, a judge may also take into account efforts made by the individual to reform or rehabilitate themselves since their last conviction, which could result in a lesser sentence.
It’s worth noting that New York has a “persistent felony offender” law, which allows the court to sentence someone to life in prison if they have been convicted of at least two violent felonies in the past. This law is meant to protect society from repeat offenders who have demonstrated a pattern of violent behavior.
It’s also important to understand that even if someone’s prior convictions are not related to violence or assault, they may still be taken into account by the court. For example, if someone has a prior conviction for drug possession and is now accused of assault, the court may view their drug conviction as evidence of a general disregard for the law, which could result in a harsher sentence.
If you have a prior criminal record and are facing assault charges in New York, it’s important to work with an experienced criminal defense attorney who can help you understand your options and build a strong defense strategy. Your attorney may be able to negotiate a plea deal that results in reduced charges or a lesser sentence, or they may be able to help you fight the charges in court.
The impact of prior convictions on assault charges in New York can be significant. If you have a prior criminal record, it’s important to take these factors into account when considering your options and working with an attorney to build a defense strategy. By understanding the potential consequences of a prior conviction and working to mitigate those consequences, you can help protect your rights and minimize the impact of your past mistakes on your current situation.
As a criminal defense law firm, we at Arthur L. Pressman, Attorney at Law can provide valuable assistance to individuals facing assault charges in New York, particularly those with prior convictions.
We understand the impact that prior convictions can have on assault charges and the potential consequences for our clients. With our extensive knowledge of the New York criminal justice system and the laws that govern assault charges and sentencing, we can work diligently to build a strong defense strategy that takes into account the impact of prior convictions.
We can help you understand the potential consequences of a conviction and work to mitigate those consequences. We can negotiate a plea deal that results in reduced charges or a lesser sentence, help you build a strong defense strategy that takes into account your prior convictions, and advocate on your behalf during sentencing to minimize the impact of your prior convictions on your sentence.
We can explore the possibility of having your prior convictions expunged, which can help mitigate their impact on your current case.
If you are facing assault charges in New York, particularly if you have prior convictions, we are here to help. Contact us today to schedule a consultation and learn more about how we can assist you.
