At the Law Office of Scott G Cerbin, Esq., PLLC, in New York, we find that many of our clients facing assault charges have no clear idea of what the charges mean or what the prosecutor must prove in order to convict them. Given that New York law provides for four separate categories of assault, it is not difficult to understand why such confusion exists.

As FindLaw explains, per Sections 120.00 through 120.12 of the New York Penal Code, you can face four different degrees of assault charges as follows:

1. Third degree assault – Class A misdemeanor
2. Aggravated assault of a minor under 11 years of age – Class E felony
3. Second degree assault – Class D felony
4. First degree assault or aggravated assault on a law enforcement officer – Class B violent felony

Elements of proof

As a basic premise, assault requires that you physically injure your alleged victim or put him or her in fear of immediate bodily injury. The precise elements of proof necessary to convict you will depend on which kind of assault your charges represent. For instance, the judge or jury may need to consider the identity and age of your alleged victim, your intent to cause him or her harm, the seriousness of the harm you caused, and whether or not you used a weapon as part of your alleged assault. They likewise will need to consider whether or not you have previous assault convictions.

Aggravated assault

A charge of aggravated assault means that you allegedly intended to cause serious bodily injury to your alleged victim and that you knew or should have known that (s)he was a child under 11 years of age or a law enforcement officer performing his or her official duties at the time of your alleged assault.

Assault penalties

If the judge or jury convicts you, you face the following penalties:

• Third degree assault – maximum one year in jail and/or a fine of up to $1,000
• Aggravated assault of a minor under 11 years of age – 18 months to four years in prison and a maximum $5,000 fine
• Second degree assault – Three to seven years’ imprisonment and a maximum $5,000 fine
• First degree assault or aggravated assault on a law enforcement officer – Three to 30 years’ imprisonment and a maximum $5,000 fine

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At the Law Office of Scott G. Cerbin, Esq., PLLC, in New York, we know how difficult your life becomes when you face criminal charges. No matter what the charge, your freedom likely is at stake. In addition, not only could you face a substantial prison sentence if convicted, you likewise could face payment of a substantial fine.

People across the nation continue to list crime as one of their biggest concerns. The Pew Research Center, however, recently released the results of its study showing that crime may not be as bad in the U.S. as people think it is. Here are their top five findings.

1. Violent crime down by 48 percent

Using data from the annual reports of the FBI and the Bureau of Justice Statistics, Pew found that violent crime in the U.S. has declined significantly since it peaked in the early 1990s. Between 1993 and 2016, the last year for which data is available, FBI data show that nationally, violent crimes decreased by 48 percent, from 747.1 per 100,000 residents to 383.6. BJS data show an even larger decrease during this period: 74 percent from 79.8 per 1,000 residents to 21.1.

2. Property crimes likewise down

Property crimes such as burglary, theft and auto theft also decreased between 1993 and 2016. The FBI data show a 48 percent decrease, while BJS data show a 66 percent decrease.

3. Public perception and data at odds

Despite these encouraging figures, most people think that the U.S. crime rate is up at best and out of control at worst. Gallup polls consistently show that 60 percent of Americans believe that more crime occurs each year than the year before. Interestingly, however, this percentage drops significantly when residents talk about crime in their own areas. In answering this poll question, less than 50 percent of responders say that the crime rate is up in their own area.

4. Regional differences

FBI data show a significant difference in crime from one area of the country to another. For instance, in states such as Alaska and Tennessee, over 600 violent crimes occur for every 100,000 residents. In contrast, states such as Maine and Vermont show a violent crime rate of fewer than 200 per 100,000 residents.

5. Most crimes neither reported nor solved

BJS data show that in 2016, only 42 percent of violent crime victims nationwide reported the incident to law enforcement officers, and only 36 percent of property crime victims reported these crimes. Even more disturbing, once reported, officers solved only about 46 percent of the violent crimes and a paltry 18 percent of the property crimes.

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Whether you are interested in someone who doesn’t seem to reciprocate your feelings or you are having trouble letting go after a relationship has ended, you may be treading on thin ice if you are unaware of the different behaviors that count as stalking. To protect you from being charged with a crime, you should understand the laws about stalking in New York.

It may not be stalking if you have tried a few times to ask out someone in your social group or even attempted to find out more about the person you are interested in. As FindLaw explains, stalking falls within a set of repeated, unwanted behaviors that make the target feel afraid. The following behaviors are common:

• Discreetly following the person whenever possible, such as home from work, to the gym, to school and while running errands
• Repeatedly sending the person phone calls, text messages, emails and posts on social media
• Damaging personal property belonging to the target, such as keying a car or uprooting plants from a flower garden
• Making threats or implying that the person will be harmed for not complying with the alleged stalker’s wishes or returning to the relationship

You may be aware that stalking often occurs after a relationship involving domestic violence has ended. While you may not be a violent person, you could still face misdemeanor charges if the court determined the other person had reasonable cause to fear for his or her safety or suffered emotional damage as a result of your alleged stalking behavior. You might face felony penalties for a subsequent charge or if a weapon was involved. Because the issue can be complex, this information should not replace the advice of a lawyer.

At the Law Office of Scott G. Cerbin, Esq. PLLC in New York, we know that facing a domestic violence charge is a devastating experience for you. Possibly you and your spouse or partner were arguing and (s)he called law enforcement officials saying (s)he was afraid of you and what you might do. Whether this fear was valid, and whether or not (s)he wants to pursue charges against you, it is already too late.

When officers come to your home in response to a domestic violence call, they must, under New York law, arrest you. Since a criminal prosecution does not necessarily depend on the cooperation of your alleged victim, you face serious criminal penalties if convicted, regardless of the fact that your alleged victim wants the charges dropped.

Qualifying domestic violence victims

As FindLaw explains, domestic violence is a family crime in New York. This means that your alleged victim must fall into one of the following categories:

• Your current or former spouse or partner
• Someone related to you by blood or marriage
• Someone with whom you are currently living, or have lived
• Someone with whom you share parentage of a child
• Someone with whom you are having, or have had, an intimate relationship

Types of domestic violence crimes

New York has no specific domestic violence laws per se. Rather, the charges you may face include a variety of crimes you allegedly committed against your alleged victim, including the following:

• Assault and/or battery
• Sexual misconduct and/or abuse
• Stalking
• Menacing
• Strangulation
• Kidnapping

Domestic violence penalties

Depending on which crime(s) the prosecutor alleges you committed, you face serious penalties if convicted. For instance, conviction of a crime such as second-degree menacing or third-degree assault is a class A misdemeanor for which you could spend up to one year in jail and pay a fine of up to $1,000. Conviction of a more serious violent crime such as first-degree assault or first-degree strangulation is a felony for which you could spend from three to 25 years in prison and pay a fine of up to $5,000.

For more information on this subject, please visit this page of our website.