Lets Go Over Brooklyn Assault Charges
Facing an assault charge in Brooklyn can be a stressful experience with severe consequences. Understanding the law surrounding assault charges and knowing your rights is of the utmost importance. Scott Cerbin of Cerbin Defense, an experienced Brooklyn criminal defense lawyer, offers some background into assault charges, potential defenses, and the legal process involved.
Understanding Assault Charges
Assault is a criminal offense that involves intentionally causing physical injury to another person. In New York, assault charges are categorized based on the severity of the injury and the circumstances surrounding the incident. The key categories include:
- Assault in the Third Degree: This is the least severe form of assault and involves causing physical injury to another person intentionally, recklessly, or with criminal negligence.
- Assault in the Second Degree: This charge is more serious and involves causing serious physical injury intentionally or recklessly, using a deadly weapon or dangerous instrument, or causing injury to specific protected individuals such as police officers or emergency medical workers.
- Assault in the First Degree: This is the most severe form of assault, involving the intentional infliction of serious physical injury using a deadly weapon or dangerous instrument, or with depraved indifference to human life.
These charges may also be considered as violent crimes.
Potential Penalties for Assault Charges
The penalties for assault charges in Brooklyn vary depending on the degree of the offense and the specific circumstances. Potential penalties include:
- Assault in the Third Degree: Classified as a Class A misdemeanor, punishable by up to one year in jail, probation, and fines.
- Assault in the Second Degree: Classified as a Class D felony, punishable by up to seven years in prison, probation, and significant fines.
- Assault in the First Degree: Classified as a Class B felony, punishable by up to 25 years in prison, probation, and substantial fines.
Defenses Against Assault Charges
Several potential defenses can be raised in assault cases, depending on the specifics of the incident. Common defenses include:
- Self-Defense: Arguing that the defendant acted in self-defense to protect themselves from imminent harm.
- Defense of Others: Claiming that the defendant was protecting another person from imminent harm.
- Lack of Intent: Arguing that the defendant did not intend to cause injury or that the injury was accidental.
- Mistaken Identity: Asserting that the defendant was wrongly identified as the perpetrator.
Steps to Take If You Are Charged with Assault
If you are charged with assault in Brooklyn, it is essential to take the following steps to protect your rights:
- Seek Legal Representation: Contact an experienced assault lawyer like Scott Cerbin to evaluate your case and provide guidance.
- Gather Evidence: Collect any available evidence, such as witness statements, videos, or photos, that may support your defense.
- Understand the Charges: Familiarize yourself with the specific charges and potential penalties you are facing.
- Prepare for Court: Work closely with your lawyer to build a strong defense and prepare for court appearances.
The Legal Process for Assault Charges
Understanding the legal process for assault charges can help you work within the system more effectively. The process generally includes:
- Arrest and Booking: The defendant is taken into custody, booked, and informed of the charges.
- Arraignment: The defendant appears before a judge to enter a plea (guilty, not guilty, or no contest).
- Pre-Trial: Both sides gather evidence, file motions, and negotiate potential plea deals.
- Trial: If no plea deal is reached, the case goes to trial where both sides present their evidence and arguments.
- Sentencing: If found guilty, the defendant is sentenced based on the severity of the offense and other factors.
How Scott Cerbin Can Help You with Assault Charges in Brooklyn
With years of experience defending the rights of Brooklyn residents, Scott Cerbin is a dedicated advocate for individuals facing assault charges. At Cerbin Defense, located at 254 36th Street, Suite C659, Brooklyn, NY 11232, Scott Cerbin provides comprehensive legal representation to ensure that justice is served. His expertise includes:
- Case Evaluation: Determining the merits of your case and potential legal strategies.
- Evidence Collection: Ensuring all relevant evidence is gathered and preserved.
- Legal Representation: Advocating on your behalf in court to achieve the best possible outcome.
Recent Assault Cases in Brooklyn
Recent high-profile assault cases in Brooklyn highlight the importance of competent legal representation. For instance, in a recent case, an individual was charged with second-degree assault following a bar fight. The defense successfully argued self-defense, leading to a dismissal of the charges. Another case involved an alleged assault with a deadly weapon, where the defense demonstrated lack of intent, resulting in a reduced charge.
These cases illustrate the complexities involved in assault charges and the critical role of a skilled defense lawyer to talke on the legal system and securing favorable outcomes.
Contact Information
If you or a loved one is facing assault charges in Brooklyn, do not hesitate to seek legal assistance. Contact Scott Cerbin at Cerbin Defense for a consultation:
- Phone: 718-596-1829
- Website: cerbindefense.com
- Address: 254 36th Street, Suite C659, Brooklyn, NY 11232
By understanding your rights and taking appropriate legal action, you can help ensure that assault charges in Brooklyn are addressed fairly and that justice is achieved. Scott Cerbin and his team are here to support you every step of the way.