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Looking for an Assault Lawyer Near Rochester, NY?
Experienced Assault Lawyer – Dedicated to Protecting Your Rights and Freedom
Felonious assault is a term that covers some of the most heinous violent crimes in the state of New York. If you stand accused of these kinds of offenses, you’re facing the prospect of substantial jail time. However, for clients in the Gates, NY area, there’s hope. Attorney David Wade is a defense lawyer who represents clients accused of serious violent crimes like assault, murder, and manslaughter. Call attorney Wade for legal representation in any of these areas – discounts are available for veterans, college students, and teachers!
- Rochester, NY
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- Brockport, NY
- Chili, NY
- Gates, NY
- Greece, NY
- Henrietta, NY
- Hilton, NY
- Livingston County, NY
- Monroe County, NY
- Webster, NY
When to Hire an Assault Lawyer
While the term “assault and battery” comes to mind whenever someone thinks of a violent crime, there’s actually no criminal charges for battery in New York. Instead, New York law recognizes two levels of assault: misdemeanor and felony. While misdemeanor assault is still a serious crime, the state reserves felonious assault, the most serious of violent attacks. There are two different levels of felony assault in New York:
- Second-degree assault: Class D felony
- First-degree assault: Class A felony
Both levels of felony assault have some similarities. For example, both tiers of felonious assault charges encompass scenarios where the offender acted recklessly or intentionally. They also both cover situations where an offender used a weapon in their alleged attack. Several variables, like the severity of the victim’s injuries, determine the level of a defendant’s assault charge. In both cases of felonious assault, the victim must suffer actual physical injury. For first-degree assault, the offender must cause “serious physical injury” to the victim. However, what exactly does “serious physical injury” entail?
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Article 10 of the New York State Penal Law code defines “serious physical injury” as a wound that “creates a substantial risk of death, or causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a bodily organ.”
That’s a lot of legalese to unpack. In layman’s terms, serious physical injury includes any type of damage that leads to permanent or long-term damage. For example, an attack that robs the victim of their ability to walk for a certain amount of time would fall into this category. By this definition, felonious assault can also include murder or manslaughter.
That’s why New York state law punishes felonious assault so harshly. Prison terms for these types of crimes are called indeterminate terms. This means that the judge doesn’t order a specific amount of jail time. Instead, they give a range of time that the offender must stay incarcerated for. If the state convicts an offender of a second-degree felonious assault, they’ll face between three and seven years in prison. For a first-degree felonious assault, the court may sentence an offender to between three and 25 years. Additionally, felony crimes carry fines up to $5,000.
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If you’re facing felonious assault charges, you could spend significant time behind bars in the near future. When you’re up against these kinds of assault charges, it’s crucial to consult a lawyer. Some alleged offenders believe that they can represent themselves in court. This is a bad idea. Hiring a lawyer for felonious assault, murder, and manslaughter charges is the best way to improve your chances of winning your case. Without an attorney, you could spend the rest of your life in jail. Don’t let that happen. Instead, call attorney Wade to represent you in your murder, manslaughter, or felonious assault case in the Gates, NY area. Call today – discounts available for college students, teachers, and veterans!