Assault Lawyer Rochester, NY

Defending Clients Who Are Facing Assault Charges in Monroe County

In some states, "assault" is considered the act of threatening someone with the possibility of violence, but in New York, it concerns actual, harmful contact. These vary in severity, but assault is considered a violent offense, and all those who are convicted not only face serious questions but a troubling black mark on their permanent record. 

If you have been accused, then it is time to contact my New York law firm. As a Rochester criminal defense attorney, I have been staunchly defending clients in and out of court for more than 15 years. 

Those who come to me for counsel can rest assured that they have the insight of a former prosecutor on their side—someone who knows how the justice system operates and, more importantly, how to counter the state’s efforts against you.

Have you been accused of assault? Call Christopher K. Rodeman Attorney at Law, today at (585) 928-4193 or contact us online to schedule a free consultation with our Rochester assault attorney. 

Misdemeanor vs. Felony Assault

What does it mean for a defendant to face assault charges in Rochester, NY? Does it make a difference whether you’re charged with a misdemeanor or felony assault charge?

 A misdemeanor assault charge is categorized as a simple assault charge. It can carry up to one year in jail. The charge is usually applicable when the defendant is accused of intentionally or recklessly injuring another person. It can also apply to cases where a deadly weapon was used to cause physical injury. 

A felony assault charge is a more serious offense that carries time behind bars in state prison. Felony assault charges range in severity, depending on the level of injury inflicted upon the victim. A felony charge would also be applicable in cases where a gun is used, or a victim is drugged and incapacitated. 

What are the Degrees of Assault in New York? 

Assault is described in NY State Law §120, and it is broken down into three degrees: first, second, and first. These degrees are organized by their perceived seriousness, with the first being considered the most severe.

Assault charges in New York include:

• Third-Degree (Misdemeanor): Charged when someone is believed to have intentionally, recklessly, or negligently injured another person. This charge is reserved for when minor injuries occur.
• Second-Degree (Class D Felony): Charged when significant injury is inflicted by the accused recklessly or intentionally. If there were weapons or instruments involved, this also qualifies as second-degree assault.
• First-Degree (Class B Felony): Charged for the most serious instances where grievous injury is inflicted. It can also be charged while victims are hurt while the accused is committing or fleeing another separate felony.