CALL US NOW

Long Island Assault Defense Attorneys

Defending Clients Against Assault Charges Under New York Penal Law

New York treats assault charges seriously, and the degree of the charge — not just the underlying conduct — determines whether you’re facing a misdemeanor or a violent felony with a mandatory prison sentence. MontanaroLaw P.C. represents clients throughout Nassau and Suffolk County who have been charged under Penal Law Article 120, working to protect their record, their freedom, and their future.

Degrees of Assault Under New York Law

  • Assault in the Third Degree (Penal Law § 120.00): Class A misdemeanor involving intentional, reckless, or criminally negligent injury with a deadly weapon or dangerous instrument.
  • Assault in the Second Degree (Penal Law § 120.05): Class D violent felony, often involving serious physical injury, a weapon, or an assault on certain protected victims such as police officers, EMTs, or teachers
  • Assault in the First Degree (Penal Law § 120.10): Class B violent felony reserved for the most serious cases, typically involving serious physical injury caused with intent and a deadly weapon.
  • Aggravated Assault and Gang Assault: Enhanced charges that apply under specific aggravating circumstances defined by statute.

Why the Degree Matters

Because second- and first-degree assault are violent felonies, a conviction carries determinate prison sentencing under New York’s sentencing guidelines, along with post-release supervision and the loss of certain civil rights. Even a third-degree misdemeanor conviction creates a permanent criminal record that can affect employment, licensing, and immigration status.

Common Defenses in Assault Cases

Assault cases frequently turn on disputed facts: who initiated the confrontation, whether the defendant acted in self-defense or defense of another, the credibility of witnesses, and the actual extent of any injury. MontanaroLaw P.C. investigates the incident thoroughly — including obtaining medical records, witness statements, and, where available, video evidence — to build the strongest possible defense, whether that means negotiating a reduction or proceeding to trial in Nassau or Suffolk County Court.

Domestic Violence-Related Assault Charges

Assault charges arising from domestic incidents carry additional complications, including orders of protection that can affect custody, housing, and contact with family members even before a case is resolved. We help clients understand and, where appropriate, challenge these orders while defending the underlying charge.

Contact MontanaroLaw P.C.

If you’ve been charged with assault anywhere in Nassau or Suffolk County, call (516)-203-1700 today for a free, confidential consultation.