Is Self-Defense an Effective Defense for Assault Charges?

There are many crimes classified as assault in New York, ranging from the reckless assault of a child to gang assault in the first degree. The penalties associated with assault can be severe so understanding your legal options is crucial when facing criminal charges. Self-defense can work as an effective defense against assault charges depending on the details of the situation. To obtain experienced representation and begin building your case, contact a New City violent crimes lawyer today.

What is Assault in New York?

There are many different assault offenses that an individual can be charged with in New York. Standard assault is charged as either a third, second, or first-degree offense.

A person is considered guilty of assault in the third degree in New York if they:

• With the intention of causing physical injury to another person, cause such injury; or
• Recklessly cause physical injury to another person

Second-degree assault is more serious and includes causing a serious physical injury, causing a physical injury with a deadly weapon, causing a physical injury to someone 65 or older, recklessly causing a serious physical injury with a weapon, causing a physical injury during the commission of a felony, etc. Even more situations can fall under second-degree assault depending on the specifics of the circumstances.

Assault in the first degree is one of the most serious assault charges that exist in New York. The crime occurs when a person:

• Causes serious physical injury to a person with a deadly weapon
• Intentionally disfigures a person and permanently disables a member or organ of their body
• Recklessly engages in conduct that creates a grave risk of death to a person and causes a serious physical injury with a depraved indifference to human life
• Causes a serious physical injury to a person during the commission of a felony offense

Is Self-Defense an Effective Defense for Assault Charges?

Because the penalties for assault can be severe, understanding your options for a defensive strategy is crucial. In New York, self-defense is an affirmative defense in criminal law, meaning that it can be used as an effective defense against assault charges.

It is important to keep in mind that although this defense can be used, you and your attorney must prove that you were defending yourself. When you establish self-defense during your case, the prosecution will work to prove that your behavior was not justified while you will work to prove that it was.

Under New York law, to use self-defense as a defensive strategy against assault charges you must prove the following.

• You had a reasonable belief that you were in imminent danger of being injured, killed, or otherwise unlawfully touched
• The force you exerted in self-defense was proportional to the threat you were facing
• You abided by the duty to retreat, meaning that if there was a clear and safe way to escape the situation you took it, and if you did not retreat there was no way out of the situation

If you can prove the above factors, or that you were acting in defense of another person, you may be able to get your charges dismissed or at least reduced. Reach out to a skillful lawyer today for more information and legal advice.