Serious Assault Charges in Queens, NY
At Lebedin Kofman LLP, our defense team represented a client charged with multiple violent assault felonies and misdemeanors in Queens County Criminal Court, including:
- Assault in the First Degree (PL §120.10)
- Assault in the Second Degree (PL §120.05)
- Assault in the Third Degree (PL §120.00)
- and related offenses
The prosecution alleged that during a drunken altercation with her boyfriend, she slashed him across the forehead, causing heavy bleeding, stitches, and scarring.
The Challenge: Avoiding Jail and Deportation
By the time she came to our office, our client had already spent nine months in litigation and faced a one-year jail offer that would have triggered deportation proceedings due to her immigration status.
She was terrified, exhausted, and losing hope.
Understanding Assault Charges Under New York Law
Assault in the First Degree (PL §120.10)
A Class B violent felony, carrying up to 25 years in prison, typically charged when:
- A person intentionally causes serious physical injury using a deadly weapon or dangerous instrument.
Assault in the Second Degree (PL §120.05)
A Class D violent felony, punishable by up to 7 years, involving:
- Intentional injury with a weapon,
- Injury to a police officer or public servant, or
- Serious injury during another crime.
Assault in the Third Degree (PL §120.00)
A Class A misdemeanor, punishable by up to 1 year in jail, where a person:
- Intentionally or recklessly causes physical injury to another.
Potential Defenses to Assault Charges
Our firm evaluates every detail of assault cases to uncover viable defenses, such as:
- Lack of Intent: The injury occurred accidentally or without intent to harm.
- Self-Defense or Mutual Combat: The defendant acted to protect herself from harm.
- Intoxication or Impairment: May reduce the level of intent required for higher charges.
- Lack of Serious Injury: Challenging whether the alleged injuries meet the legal threshold of “serious physical injury.”
- Inconsistent or False Allegations: Discrediting unreliable or exaggerated statements from the complainant.
Defense Strategy and Result
Within three months, our team at Lebedin Kofman LLP built a compelling mitigation package showing our client’s lack of criminal history, remorse, and the circumstances surrounding the incident.
After multiple conferences and aggressive negotiation, we secured a plea to probation, eliminating any jail time and avoiding deportation consequences.
Outcome:
- All felony exposure eliminated
- No jail time
- No deportation
- Probation only
Our client was overjoyed and deeply grateful, free to continue her life in the United States without a criminal record that would destroy her future.
Why Clients Choose Lebedin Kofman LLP
We’ve defended countless clients in Queens, Brooklyn, Manhattan, and the Bronx facing violent felony charges and immigration-sensitive criminal cases.
Our reputation is built on:
- Relentless advocacy and case-by-case strategy
- Deep knowledge of New York Penal Law and immigration consequences
- Proven ability to reduce serious charges and protect clients’ status
Contact a Queens Assault Defense Attorney
If you’re facing Assault or Violent Felony charges in New York, you need experienced representation immediately. Contact Lebedin Kofman LLP at 646 663 4430 or through our website for experienced legal representation.
This article provides general information about Assault Charges in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.