Acceptable Defenses To Assault In New York

If you were recently charged with assault in Rockland County, it makes sense to start thinking about defense strategies as soon as possible. There are various acceptable defenses to assault in New York, and you may be able to escape legal consequences with greater ease than you realize. The most logical way to assess potential defense strategies is alongside an experienced New City criminal defense lawyer.

Self-Defense 

Perhaps the most obvious defense to assault is self-defense. If you felt it necessary to fight back while being harmed or threatened by an assailant, you might be justified. However, there are complex self-defense laws in New York to consider. The Empire State does not have the strongest self-defense laws, and a notable detail is the “duty to retreat.” You may be required to retreat before defending yourself.

You also need to use “proportional force.” In other words, you must fight back with the same level of force used by the assailant. If an attacker kicks you in the kneecap, you may not be justified in producing a firearm and shooting them in the head. Instead, you may only be justified in using the same level of force – such as kicking or punching them back.

Accidental Harm 

Intent is an important requirement for assault convictions in New York. If you can prove that you accidentally harmed someone, it could become very difficult for prosecutors to convict you. There are many situations in which you might cause accidental harm.

You might stumble during an argument and fall into someone. You might wave your arm while trying to prove a point, accidentally striking a person in the face. By definition, these types of incidents are accidents – and they do not constitute assault under New York law.

Mistaken Identity 

Another potential defense strategy involves mistaken identity. It can be difficult to determine who actually threw certain punches – especially if you allegedly took part in a wild brawl with numerous people. Cases of mistaken identity are common in New York – and the police may have charged the wrong person.

If your involvement in a fight was “proven” by grainy surveillance footage or questionable eyewitness accounts, mistaken identity could be a real possibility.

Remember, prosecutors must prove your guilt beyond reasonable doubt. This could be impossible if it’s not 100% clear who was involved in certain fights. If your defense attorney can raise enough questions about your alleged involvement in a fight, it may be easier to walk free than you realize.

Can a Defense Lawyer in Rockland County Help Me Fight Assault Charges? 

If you’re serious about pursuing a positive defense strategy after an alleged assault in Rockland County, consider a consultation with a lawyer. Choose Phillip J. Murphy, Attorney at Law – and discuss your options during a consultation. We have considerable experience with assault defense, and we have guided numerous defendants toward positive outcomes. Reach out today to get started.

Sources: 

nysenate.gov/legislation/laws/PEN/35.15

nycourts.gov/courthelp/goingtocourt/SOLchart.shtml