It could happen just about anywhere: your workplace, a local tavern, a neighborhood sidewalk. An encounter quickly escalates, words are exchanged, and punches are thrown. Somehow, you’ve been arrested and you’re facing criminal charges. Fortunately, the Law Office of James L. Riotto in Rochester, New York, is prepared to help. Having worked in law enforcement and having prosecuted offenses for the state attorney general’s office, we know how the authorities approach assault crimes, so we understand how best to resolve these cases favorably for our clients. That could mean we get charges dropped or the district attorney declines to prosecute. Even if the case involves serious bodily injury or the alleged victim is adamant about pressing charges, we may still be able to get charges reduced and negotiate a reduced sentence, which could mean probation and no jail time. However, if justice requires that your case go to trial, you can count on our firm for aggressive criminal defense representation focused on the best possible result.
Under New York law, the term assault is used to describe what we might commonly call assault and battery. Assault occurs when one person causes physical harm to another intentionally, recklessly or with criminal indifference. Intent is transferable, so if an assailant intends to harm one person, but his actions wind up causing harm to a bystander, authorities can still charge assault. New York law has three basic types of assault:
Other types of assault crimes include:
New York law lists numerous sex offenses that might commonly be called sexual assault. But only two, New York Penal Code § 130.95 Predatory sexual assault and § 130.96 Predatory sexual assault against a child, use the term assault. Both are Class A-II felonies. Potential sentences run from a minimum of 10 years to life imprisonment.
For assaults, New York courts follow state sentencing guidelines, which provide a range of incarceration periods for each level of an offense:
Final sentencing depends on several factors, including any criminal history of the defendant. But no matter what type of assault you’re charged with, you deserve a diligent defense provided by an experienced criminal defense attorney.
If you face assault charges in Rochester or the surrounding counties, the Law Office of James L. Riotto fights aggressively to obtain the best possible outcome for your case. We provide personalized legal support, keeping you informed and updated throughout the process. Call us at 866-772-2122 or contact us online.
"All of my contact was handled very promptly and professionally. They were very knowledgeable and made me feel like my case was as important to them as it was to me."
"I highly recommend the Law Office of James L. Riotto. The entire staff is professional, knowledgeable and always willing to help. Mr. Riotto’s legal prowess coupled with his background in law enforcement give him the ability to be empathetic to his client’s circumstances while relentlessly striving for the best possible outcome."
"Everyone I’ve talked to in this office has always been kind and very helpful. I’ve used them a couple of times now and am very happy with the outcomes and how well they’ve communicated with me."
"I would like to say what an amazing job your office did for me. Your team really saved me and helped me save costs. I want to give a shout out to an amazing person who worked tirelessly for me.. Chelsea Gardner!! She is awesome. James, I tell everyone I know to call you and your team. True professionals and they do what they say!!"
"Mr. Riotto was very responsive to us on our initial call as throughout the legal process. It was very clear how he was approaching the case and what the outcome may be. It can be unsettling hiring an attorney we did not know. He very quickly put our minds to rest."