Assault is a serious crime that can leave severe physical and psychological trauma for the rest of your life. Sullivan and Sullivan LLP fought for our client, a young man, who was a patron in a bar/restaurant who was wrongfully assaulted. As a result, the young man was struck in the head with bats leaving him unconscious and with skull fractures. The bar was held liable for knowingly serving the underage assailants, and we won $750,000 on behalf of our client. If you would like us to fight for you, contact us for a free case evaluation. We will provide a translator if you need one.
Simple assault is a misdemeanor. Jail time is a potential consequence of conviction. Harsher penalties apply if the victim is a police officer or belongs to one of several other specified professions, including firefighters and paramedics. Enhanced penalties also apply to an assault committed by using force that is likely to cause a severe injury.
Many accusations of assault are unwarranted. Some result from mistaken perceptions. You might be arrested for assault because you lost your balance and accidentally shoved someone. The bartender who told the police that you threw a glass during a bar fight might have confused you with the person who committed the crime.
Are There Any Defenses to Misdemeanor Assault?
A person who is charged with misdemeanor assault may have some defenses that apply to their situation. Some defenses to a misdemeanor or simple assault include:
Self-defense: The defendant must reasonably believe that their safety was first threatened. They must respond only with an appropriate amount of force, and they cannot initiate the use of physical force.
Lack of intent: The physical act was not accompanied by an intention to create fear in the victim (i.e., the act was an accident).
Defense of others: The defendant can use force to defend others; however they must have a reasonable belief that the person being attacked would be entitled to self-defense.
Defense of property: Some states allow a reasonable amount of force in defending against intruders on personal property. However, deadly force is generally not authorized, unless the intruder has threatened with deadly force.
Consent: If the parties consent to harmful or offensive contact, this will negate any assault charges. For example, physically harmful activity is often consented to in martial arts matches or other sports competitions. The competitors must remain within the rules of the competition.
Arrest/Prevention of crime: Some jurisdictions allow persons to use a reasonable amount of force in making a citizen’s arrest or to prevent the commission of a crime.
Misdemeanor assault can result in permanent charges on one’s criminal record. As in any case, a person charged with misdemeanor assault has a legal right to an attorney. An experienced assault lawyer can help in determining whether a defense is available or whether the charges may be expunged later.
At Sullivan and Sullivan LLP, your assault case is more than just a number; it is our top priority, and it will be handled with our experienced and aggressive style of personal injury representation.
If you or someone you know in New York, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Long Island (Nassau/Suffolk County), needs the assistance of experienced assault attorneys, contact Sullivan and Sullivan LLP today to schedule your free consultation. The sooner you call, the higher your compensation can be.
If you or someone you love found themselves in that position, would you not want a dedicated team of legal professionals to fight as hard as they can to help you recover damages?
While at a party at a friend’s house, a young man gets kicked in the leg by home owner’s son, causing permanent leg injuries.
A young man is a patron in a bar/restaurant when a fight breaks out among underage patrons. As a result, the young man is struck in the head with bats, leaving him unconscious and with skull fractures.