Assault Criminal Defense

Saratoga Springs Assault Attorney

If you have been charged with assault or battery anywhere in the Capital District, including Albany, Troy, Schenectady, Saratoga Springs, Glens Falls, and the surrounding Upstate New York area, contact The Law Firm of Andrew DeLuca for a free case evaluation. The consequences of committing a violent crime in New York State can forever negatively impact your life. Don’t face assault charges alone, Attorney Andrew DeLuca will aggressively fight against these criminal charges to achieve the best outcome possible.

Is Assault Charged As A Misdemeanor Or Felony?

There are three different degrees of assault in New York State Penal Law. The degree charged depends on the severity of the injuries, if a weapon was used or if a police officer was assaulted.

Assault in the First Degree

The most serious assault charge is Assault in the First Degree, which is a class B felony offense – Penal Law §120.10. This charge is used when an individual causes serious physical injury to another using a deadly weapon or dangerous instrument. This is an extremely serious charge as the sentencing minimum is a mandatory 5 years in prison and up to 30 years at a maximum. It’s important to have an experienced defense lawyer by your side to fight these charges.

Assault in the Second Degree

Assault in the Second Degree is a class D felony punishable by up to 7 years in prison and a minimum of 2 years – Penal Law §120.05. Assault in the Second Degree is charged when an individual causes serious physical injury to another with the intent to cause injury. This could result from a punch that caused several stitches or broken bones. Hiring an attorney that has experience in local courts, whether it’s Albany, Troy, Saratoga or Schenectady it’s essential when dealing with these type of charges.

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Vehicular Assault

In NY State there is also an assault charge known as Vehicular Assault in the Second Degree, which is a class E felony – Penal Law §120.03. This is when the operator of the vehicle causes serious physical injury to another person while they are intoxicated or impaired by alcohol and/or drugs.

Assault in the Third Degree

The lowest level of assault is Assault in the Third Degree, a class A misdemeanor that carries a maximum penalty of up to one year in jail – Penal Law §120.00. Assault in the Third Degree is when an individual causes physical injury to another person with the intent to cause injury. This could result from a punch that causes a black eye or bruises. However, if this type of injury is caused to a police officer, it can charged as Assault in the Second Degree. This can commonly be charged in the context of a domestic altercation or bar fight. Whether a judge sentences you to a maximum of one year or you receive a lesser sentence, you can still be saddled with years of probation and community service.

Contact Andrew DeLuca Assault Defense Attorney

If you’ve been charged with assault, battery or any related offense, it’s in your best interests that you retain an experienced criminal defense attorney as soon as possible. Contact Attorney Andrew DeLuca today for a free case consultation. He has the experience and knowledge that is necessary to obtain the optimal outcome for your case.

Call now – (518) 245-9109  to request a free consultation.

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I was really in a bad and scary place in my life, facing a drug charge and looking at 8 years, and facing 16 years if I lost at trial. I remember Mr. DeLuca saying to me that if we went to trial, he would fight for me with all he had at that point. If I took the 8 years, I would lose everything I had—like my wife and my children, my job, my house. Everything I had was on the line. I was really scared, but there was something in the way Mr. DeLuca said he would represent me that made me feel safe and confident in his skill as an attorney. Safe to say, we did go to trial, and I was found not guilty on all charges. His cross-examination of the witnesses and bringing aspects to life that the jury could see was the truth. Whether it was the accuser or the police on the stand, he made every truth and untruth come to life—nothing less than a real-life Perry Mason. That was in 2013. Honestly, if it were not for Mr. DeLuca, I would still be incarcerated at this very time that I am writing this review. I have since asked Mr. DeLuca to represent other family members and friends with the same stellar result as the first time. He helped give me back my life. Thanks, you’re my brother from another mother.
– Josh R.
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