Assault is a crime that involves intentionally making someone fear that they are about to be physically hurt. It can be a misdemeanor or felony offense and it can have serious consequences. A person who is convicted of assault can face jail, prison, probation or a fine. A good criminal defense lawyer may be able to get the charges against you reduced or dropped completely.

The law differs from state to state, but most definitions of assault include the words “putting another in reasonable fear of immediate and unlawful physical violence.” To do this, the accused must touch the victim in a way that a normal person would find offensive or harmful. This means that spitting in the face of a Congressman is likely an assault (though some courts have held that this might be protected political speech). However, the mens rea for assault must be evil. This has been defined as recklessly causing an offensive touching, but also includes a premeditated intent to cause injury and it is not necessary that the injury actually occurs.

Aggravated assault is a more serious charge and can involve weapons, the victim being a police officer, social worker or judge and certain other factors. It is a class B felony and has a maximum prison sentence of 25 years.

There are many ways to defend against an assault charge including self-defense, false accusations and diminished capacity. The facts of each case will determine which defenses are most appropriate, but it is important to have a skilled and experienced New York assault attorney by your side.