Search Site
Menu

Assault and battery laws in New York

Being accused of a crime is a difficult time for accused offenders in New York and elsewhere. Hearing that your have been charged with a crime tends to imply that one must face the penalties of the crime. However, this is not true. It is possible to take on an aggressive defense approach, helping to reduce and even dismiss the charges against them. But the first step in the criminal defense process is for the accused to understand the elements of the crime they face and evidence used against them.

Those facing assault and battery charges in the state of New York should begin their criminal defense process by understanding the laws that surround the alleged crime. While New York law prohibits varying forms and degrees of assault, in order for a defendant to be convicted of these charges, he or she must cause actual injury to another person. Certain factors, however, could increase the severity of the charge and potential penalties. Examples include the severity of the injury, the use of a deadly weapon and the mental status of the defendant.

In New York, like most states, the prosecution needs to prove intent of the crime. However, for a specific intent crime, they must prove that the defendant intended to cause serious physical injury to another person beyond a reasonable doubt. Intent can be established by the defendant’s act or conduct surrounding the circumstances or inferences made by the facts of the situation.

There are various defense options for those accused of assault and battery charges. Depending on the details of the situation, a defendant may utilize one or more of these strategies. This includes proving lack of injury, lack of intent, consent or justification, which includes self-defense and the defense of others.

By understanding the charges you face, it is possible to assess whether the evidence collected against you meets the elements of the crime. It also helps a defendant poke holes in the case, helping them reduce or even eliminate criminal penalties.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    I highly recommend The Law Office of James L. Riotto for anyone in need of legal assistance. I was impressed by their professionalism and dedication to their clients. The team at The Law Office of James L. Riotto went above and beyond to ensure that...

    Read more

    Jessica

  • google
    5.0/5.0

    I don't understand the hate for riotto's law firm. I was given 5 tickets totaling 17 points on my license, and riotto's team got it knocked down to a 6 point ticket. Isabelle answered all my questions and kept me updated throughout the whole situatio...

    Read more

    Alex F

  • google
    5.0/5.0

    I would highly recommend the Law Office of James Riotto. I'm pleased with the outcome and felt very confident with their representation. William Swift, Destinee, and James Riotto were all excellent to work with. They were very responsive to all my qu...

    Read more

    Jon Ferner

  • google
    5.0/5.0

    I've had the pleasure of engaging with James L. Riotto's office on numerous occasions for traffic-related matters, and each time has been a testament to their professionalism and commitment to excellence. Without fail, their representation has yielde...

    Read more

    Mike Kachaluba

  • google
    5.0/5.0

    The Law Office of James L. Riotto is wonderful. I received outstanding and very professional service. The entire team is very responsive and communicates well. I was very happy with the outcome of our legal matter. I highly recommend The Law Office o...

    Read more

    Naira

See all reviews
  • AV Rated by Martindale | Client Champion Platinum Award
    Avvo Client's Choice
    Lead Counsel Verified Badge
  • Superlawyers Rising Star
    Expertise Best Criminal Attorney in Rochester
    Justia 10.0 Rating

We Accept the Following Payment Solutions

Contact us

Quick Contact Form