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.
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.
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…
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…