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Assault is one of the most common charges in New York. These incidents are an everyday occurrence which can arise from domestic disputes, school fights, or elsewhere. There are varying different degrees of assault and this depends on whether a weapon was used or the seriousness of the injury. Assault in the third degree (PL 120.00) is a misdemeanor, while Assault in the second and first degrees are felonies.
It is not uncommon for a person who was acting in self-defense to be arrested with assault. That’s right – you read this correctly. Even if an individual was simply defending himself or someone else, that person may still nevertheless be arrested with assault despite that he was largely blameless. Why?
At times when police respond to a scene involving a brawl, street fight, or dispute, both parties can be arrested – even if a particular party was acting in self-defense or defense of another. This is because sometimes the person who started the fight may have persuaded the police, contacted the police first or the police had another reason to believe that this individual was the aggressor (perhaps because it appeared that this person wasn’t as injured as the other person).
What often happens thereafter? All the parties can be “locked up,” and the criminal cases are thereafter processed through the criminal justice system. If one finds themselves in this situation, one should of course plead NOT guilty and contact a good criminal defense lawyer. You should know that often, other crimes, including resisting arrest, disorderly conduct, or obstructing governmental administration are added to the assault charge.
New York’s misdemeanor assault charge (PL 120.00) is a class A misdemeanor and carries a one-year maximum prison sentence. More serious assault charges (PL 120.10, 120.08 and 120.05) involve instances in which there is permanent disfigurement, a deadly weapon used, assault on a Police Officer/Fireman/EMT worker, or other circumstances described in these statutes.
Regardless of the specifics, an assault charge may have disastrous immigration consequences – and that is why you need to immediately consult with a removal (deportation) defense lawyer who can discuss your options.
Contact Attorney Kyce Siddiqi for help with your assault charge or immigration consequences of an assault conviction. Call (646) 930-4488 today for a consultation.