The Law Offices of Jesse Hoberman-Kelly
The #1 criminal defense lawyer in New York

Assault & Battery

Battery is the unlawful application of force to the person of another which results in either bodily injury or “offensive touching”. Simple battery can be charged as a misdemeanor but can be elevated to aggravated battery, a felony, depending on the amount of injury that results, whether the victim was a woman or a child or a police officer, and whether a deadly weapon was used.

Assault is an attempt to commit battery, which intentionally creates a reasonable apprehension of imminent bodily harm in the mind of the victim. It must be more than mere words. Where a deadly weapon is used, or an intent to rape or maim is expressed, aggravated assault may be charged.

There are three degrees of Assault. The degree is determined according to factors such as the manner of assault, the severity of injury, whether or not a weapon is used, as well as the intent of the defendant.

Third Degree • A Misdemeanor

  • Intentionally or recklessly causing physical injury to someone, or
  • Negligently causing physical injury to someone with a weapon.

Second Degree • D Felony

  • Intentionally causing serious physical injury to someone,
  • Recklessly causing serious physical injury to someone with a weapon,
  • Causing physical injury to someone during the commission of a felony
  • Intentionally causing physical injury to a school employee, student, or transit authority employee, or
  • Recklessly or intentionally causing physical injury to a person less than 11 years old.

First Degree • B Felony

  • Intentionally causing serious physical injury to someone,
  • Intentionally disfiguring or disabling someone,
  • Recklessly creating a grave risk of death, and thereby causing serious physical injury to someone, or
  • Causing serious physical injury to another person during the commission of a felony.

A first time simple battery is a misdemeanor that can be punished by up to six months in county jail, thousands of dollars in fines and probation. However, if a battery is committed against a police officer or state employee, or serious bodily injury is a result of the battery, the accused may be charged with a felony, and penalties can include up to four years in prison and fines that exceed $10,000.00, and may be charged with a "strike" under New York's "Three Strike" laws.

Punishment for an assault or battery can be enhanced if it is charged as an act of domestic violence.

If you have been charged with an assault, a successful and proven defense is necessary to establish the unreasonableness of the imminent bodily harm perceived by the witness. Skilled evaluation of witness statements and cross examination is essential to your defense.

If you have been charged with a battery, a number of factors must be evaluated by a skilled lawyer, including the witness accounts, physical and medical evidence, video recordings, and prior criminal records. Again, cross-examination of witnesses and a complete evaluation of the evidence is essential to your defense.

If you, a family member or friend has been charged with an assault or battery, early representation is the key to a successful defense. At the Law Offices of Jesse Hoberman-Kelly, I have the experience, resources and sophistication to defend your rights. Contact me immediately for your free consultation. 

CLICK TO SEE A LIST OF ASSAULT AND RELATED OFFENSES

 

 

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