Assault and Battery Attorney

Assault and Battery Defense Attorney in Suffolk County, New York

Facing assault and battery charges in Suffolk County is an extremely serious matter that can result in significant jail time, substantial fines, and a permanent criminal record that affects every aspect of your life. These charges require immediate attention from an experienced criminal defense attorney who understands the complexities of New York’s assault laws. Attorney Michael Brown is Suffolk County’s most experienced assault and battery defense lawyer, with a proven track record of successfully defending clients against all types of assault charges.

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Understanding Assault Charges in New York

It’s important to note that New York law does not have a separate crime called “battery.” Unlike many other states, New York consolidates what other jurisdictions call “assault” and “battery” under the umbrella term “assault.” In New York, assault charges encompass both the threat of physical harm and the actual infliction of physical injury.

New York Penal Law defines assault offenses in three degrees, ranging from misdemeanor to serious felony charges, each with specific elements that prosecutors must prove beyond a reasonable doubt.

Assault in the Third Degree

Assault in the Third Degree, defined under New York Penal Law § 120.00, is a Class A misdemeanor and the least serious assault charge. A person is guilty of assault in the third degree when:

With Intent to Cause Physical Injury: They intentionally cause physical injury to another person. “Physical injury” is defined as impairment of physical condition or substantial pain.

With Reckless Conduct: They recklessly cause physical injury to another person. Recklessness means consciously disregarding a substantial and unjustifiable risk that injury will occur.

With Criminal Negligence Using a Deadly Weapon: They cause physical injury to another person through criminal negligence by means of a deadly weapon or dangerous instrument.

Preventing Certain Officials From Performing Duties: They intentionally or recklessly cause physical injury to certain public officials including:

Police officers
Peace officers
Firefighters
Emergency medical services personnel
Nurses or doctors providing emergency medical services

Penalties for Assault in the Third Degree

A conviction for assault in the third degree carries:

Jail Time: Up to one year in county jail
Probation: Up to three years of probation
Fines: Fines and court surcharges
Criminal Record: A permanent misdemeanor conviction on your record
Order of Protection: The court may issue an order of protection against you
Restitution: You may be ordered to pay the victim’s medical expenses

Assault in the Second Degree

Assault in the Second Degree, defined under New York Penal Law § 120.05, is a Class D violent felony. This is a significantly more serious charge that applies in various circumstances:

With Intent to Cause Serious Physical Injury: A person commits assault in the second degree when they intentionally cause serious physical injury to another person. “Serious physical injury” means injury that creates a substantial risk of death, causes death, causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of any bodily organ.

With Intent Using a Deadly Weapon: When they intentionally cause physical injury to another person using a deadly weapon or dangerous instrument.

With Reckless Conduct Causing Serious Injury: When they recklessly cause serious physical injury to another person by means of a deadly weapon or dangerous instrument.

Causing Physical Injury During Commission of a Felony: When, during the commission of a felony or flight therefrom, they cause physical injury to a non-participant.

Against Certain Protected Classes: When they intentionally cause physical injury to:

Police officers, peace officers, firefighters, or emergency medical personnel performing official duties
Individuals based on their perception of the victim’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation (hate crime provision)
Public transportation employees
Train operators or other transit workers
Employees of mental health facilities or detention facilities
Judges
Registered nurses providing medical care
Employees of certain social service agencies

Against Persons Under Age 11: When they are 18 years or older and intentionally cause physical injury to a person less than 11 years old.

Against Persons Under Age 7: When they recklessly cause serious physical injury to a person less than 7 years old.

Administering Drugs Without Consent: When they administer a drug, substance, or preparation capable of causing stupor, unconsciousness, or physical impairment without consent and with intent to commit a felony.

Penalties for Assault in the Second Degree

A conviction for assault in the second degree carries severe consequences:

Prison Time: 2 to 7 years in state prison (determinate sentence)
Probation: Up to five years of post-release supervision
Violent Felony Designation: This conviction counts as a violent felony, which affects sentencing for future offenses
Substantial Fines: Thousands of dollars in fines, surcharges, and restitution
Permanent Felony Record: A felony conviction that severely impacts employment, housing, professional licenses, voting rights (while incarcerated), and firearm possession rights
Immigration Consequences: For non-citizens, deportation or inadmissibility is highly likely

Assault in the First Degree

Assault in the First Degree, defined under New York Penal Law § 120.10, is a Class B violent felony and the most serious assault charge in New York. A person commits assault in the first degree when:

With Intent Using a Deadly Weapon to Cause Serious Injury: They intentionally cause serious physical injury to another person by means of a deadly weapon or dangerous instrument.

With Intent to Disfigure Seriously and Permanently: They intentionally cause serious physical injury that results in permanent disfigurement or permanent disability.

With Depraved Indifference: They recklessly cause serious physical injury under circumstances demonstrating a depraved indifference to human life.

During Commission of Certain Felonies: They cause serious physical injury during the commission or attempted commission of a felony or immediate flight therefrom.

Penalties for Assault in the First Degree

A conviction for assault in the first degree results in the most severe penalties:

Prison Time: 5 to 25 years in state prison (determinate sentence)
Mandatory Minimum: If convicted, there is a mandatory minimum prison sentence
Post-Release Supervision: Up to five years of supervision after release
Violent Felony Offender Status: Classified as a violent felony, affecting all future sentencing
Massive Financial Penalties: Substantial fines, court costs, and restitution to victims
Life-Long Consequences: A Class B violent felony conviction devastates employment prospects, housing opportunities, professional licensing, and civil rights
Immigration Consequences: Nearly certain deportation for non-citizens

Related Assault Offenses

Gang Assault

New York law also provides for enhanced charges when assaults are committed by multiple people acting together:

Gang Assault in the Second Degree (Penal Law § 120.06): A Class C felony when, with intent to cause physical injury, you and two or more others cause serious physical injury to another person.

Gang Assault in First Degree (Penal Law § 120.07): A Class B felony when, with intent to cause serious physical injury, you and two or more others cause serious physical injury to another person.

Vehicular Assault

Vehicular Assault in the Second Degree (Penal Law § 120.03): A Class E felony when you cause serious physical injury to another person while driving while intoxicated or impaired.

Vehicular Assault in the First Degree (Penal Law § 120.04): A Class D felony with enhanced circumstances such as prior DWI convictions or suspended licenses.

Menacing

While not technically assault, menacing charges often accompany or substitute for assault charges:

Menacing in the Third Degree (Penal Law § 120.15): A Class B misdemeanor when you intentionally place another in fear of physical injury, serious physical injury, or death.

Menacing in the Second Degree (Penal Law § 120.14): A Class A misdemeanor when you intentionally place another in fear of physical injury, serious physical injury, or death by displaying a deadly weapon or dangerous instrument.

Menacing in the First Degree (Penal Law § 120.13): A Class E felony when you commit menacing in the second degree and have previously been convicted of menacing in the second degree within the preceding ten years.

Common Circumstances Leading to Assault Charges

Assault charges in Suffolk County arise from various situations:

Domestic Violence Incidents

A significant percentage of assault cases involve current or former romantic partners, spouses, or family members. These cases often involve:

Arguments that escalate to physical confrontation
Allegations during divorce or custody proceedings
Situations where both parties were involved but only one is charged
False or exaggerated claims

Bar and Nightclub Altercations

Alcohol-fueled disputes at bars, clubs, and parties frequently result in assault charges, often involving:

Self-defense situations mischaracterized as assault
Mutual combat where one party suffers more visible injuries
Unreliable witness testimony from intoxicated individuals

Street Fights and Confrontations

Physical altercations in public spaces, parking lots, or residential areas, including:

Road rage incidents
Neighbor disputes
Arguments over parking spaces or property boundaries

Sports and Recreational Activities

Conduct that goes beyond acceptable physical contact in sporting events or recreational activities can result in assault charges.

Self-Defense Situations

Many assault charges arise when someone defending themselves or others is arrested because:

Police arrive after the initial aggression and only see the defensive response
The initial aggressor has more visible injuries
The true circumstances are not immediately apparent

Long-Term Consequences of Assault Convictions

Employment Impact

Assault convictions, particularly felonies, severely limit employment opportunities:

Most employers conduct background checks
Violent crime convictions are disqualifying for many positions
Professional licenses may be revoked or denied
Security clearances become impossible to obtain
Many industries, including healthcare, education, finance, and government, are effectively closed off

Housing Difficulties

Landlords routinely deny housing applications from individuals with assault convictions, particularly violent felony convictions. Public housing authorities also consider criminal history.

Educational Opportunities

College admissions offices consider criminal history, and assault convictions can:

Result in denial of admission
Lead to expulsion from current enrollment
Disqualify students from financial aid programs
Prevent participation in study abroad programs

Family Law Consequences

Assault convictions dramatically affect:

Child custody determinations (courts presume violence is against the child’s best interests)
Visitation rights
Adoption eligibility
Foster parent qualifications

Loss of Rights

Felony assault convictions result in:

Prohibition on firearm possession
Loss of voting rights while incarcerated
Ineligibility for jury service
Disqualification from holding public office

Immigration Consequences

For non-citizens, assault convictions, especially felonies, almost always result in:

Deportation proceedings
Denial of naturalization
Inadmissibility for visa applications
Loss of legal permanent resident status

Assault is considered a “crime involving moral turpitude” and violent felonies are classified as “aggravated felonies” under immigration law, triggering mandatory deportation in many cases.

How Attorney Michael Brown Defends Assault Cases

As Suffolk County’s most experienced assault and battery defense attorney, Michael Brown employs comprehensive defense strategies tailored to the unique circumstances of each case. His extensive experience and deep understanding of assault law enable him to identify weaknesses in the prosecution’s case and build powerful defenses.

Self-Defense and Defense of Others

New York law permits the use of reasonable physical force to defend yourself or others from imminent unlawful physical force. Attorney Brown can establish:

You reasonably believed you or another person faced imminent harm
The force you used was proportionate to the threat
You did not initiate the confrontation
You had no reasonable opportunity to retreat (in situations where retreat is required)

Justification Defenses

Beyond self-defense, New York recognizes other justification defenses, including:

Defense of premises
Prevention of larceny or criminal mischief
Use of force by parents, guardians, or teachers for supervision
Use of force to prevent suicide or self-injury

Lack of Intent

Many assault charges require proof of specific intent. Attorney Brown can demonstrate:

You did not intend to cause injury
The injury was accidental
Your actions were reckless at most, not intentional
The prosecution cannot prove the required mental state beyond a reasonable doubt

Challenging the Injury Evidence

For assault charges, prosecutors must prove that injuries meet the legal definitions of “physical injury” or “serious physical injury.” Attorney Brown can challenge:

Whether the alleged injuries actually constitute “physical injury” under New York law
Whether “serious physical injury” elements are satisfied
The causation between your actions and the alleged injuries
Medical documentation and expert testimony regarding injuries

Questioning Witness Credibility

Assault cases often hinge on witness testimony. Attorney Brown thoroughly investigates:

Inconsistencies in witness statements
Bias or motivation to lie
Intoxication or impaired perception
Contradictions between different witnesses
Prior false accusations by the alleged victim

False Accusations

Unfortunately, assault charges are sometimes fabricated or exaggerated, particularly in:

Contentious divorces or custody battles
Domestic disputes where one party seeks advantage
Situations involving insurance claims or financial motivations
Cases where the alleged victim was the actual aggressor

Attorney Brown aggressively investigates false accusation scenarios and presents evidence of ulterior motives.

Consent

In certain limited circumstances, consent may be a defense to assault charges, such as in sporting events or agreed-upon mutual combat, though this defense has significant limitations.

Challenging Police Procedures

Attorney Brown examines whether:

Your statements were obtained in violation of Miranda rights
Evidence was gathered through illegal searches
Police reports accurately reflect what occurred
Proper investigative procedures were followed

Negotiating Reduced Charges

Even when evidence presents challenges, Attorney Brown’s extensive experience and relationships with Suffolk County prosecutors often enable him to negotiate:

Reduction from felony to misdemeanor charges
Reduction from second-degree to third-degree assault
Dismissal of charges in exchange for anger management or counseling
Adjournment in contemplation of dismissal (ACD), resulting in eventual dismissal
Plea agreements that avoid jail time and minimize long-term consequences

Five Reasons Attorney Michael Brown Is Your Best Choice for Assault Defense

Unmatched Experience in Violent Crime Defense: As Suffolk County’s most experienced assault and battery defense attorney, Michael Brown has successfully defended hundreds of clients against assault charges ranging from misdemeanor third-degree assault to serious first-degree felony assault cases, including complex cases involving serious injuries, weapons, and hate crime allegations.
Comprehensive Understanding of Self-Defense Law: Self-defense claims require sophisticated legal knowledge and strategic presentation. Attorney Brown has extensive experience successfully asserting justification defenses, understanding exactly how to present evidence, examine witnesses, and argue the legal standards that govern when force is legally justified in New York.
Trial-Tested Litigation Skills: Many assault cases go to trial, and Attorney Brown is an accomplished trial lawyer who has secured numerous not-guilty verdicts in assault trials. His courtroom experience, cross-examination skills, and ability to present compelling defenses to juries set him apart from less experienced attorneys who may pressure clients to plead guilty rather than fight.
Strategic Case Investigation: Attorney Brown doesn’t simply rely on police reports and prosecutor’s versions of events. He conducts independent investigations, interviews witnesses, obtains surveillance footage, consults medical experts, and uncovers evidence that police may have overlooked or ignored—often discovering facts that completely change the trajectory of a case.
Protecting Your Future Beyond the Criminal Case: Attorney Brown understands that assault charges affect more than just your immediate freedom—they threaten your employment, housing, family relationships, and immigration status. He provides comprehensive representation that addresses not only the criminal charges but also collateral consequences, including orders of protection, family court matters, and employment concerns.

The Critical Importance of Early Representation

Assault cases require immediate action. Early involvement of Attorney Michael Brown can:

Prevent you from making statements to police that damage your defense
Allow for immediate investigation while evidence is fresh
Enable witness interviews before memories fade
Preserve video surveillance footage before it’s deleted
Document injuries consistent with self-defense
Address bail and release conditions promptly
Begin negotiations with prosecutors before formal charges are filed
Protect you from additional charges or violations

What to Do If You’re Charged with Assault

If you’ve been arrested or charged with assault, or if you’re under investigation:

Exercise Your Right to Remain Silent: Do not discuss the incident with police without an attorney present. Anything you say can and will be used against you, and people often unintentionally make incriminating statements while trying to explain or defend themselves.

Do Not Contact the Alleged Victim: Any contact, including attempts to apologize or explain, can be used against you and may violate court orders, resulting in additional charges.

Preserve Evidence: Document your own injuries, save any text messages, emails, or communications relevant to the incident, and write down everything you remember while details are fresh.

Identify Witnesses: Make note of anyone who witnessed the incident, including names and contact information if possible.

Seek Medical Attention: If you were injured, obtain medical treatment immediately. Medical records documenting your injuries can be crucial evidence.

Contact Attorney Michael Brown Immediately: The sooner you have experienced legal representation, the better your chances of a favorable outcome. Every hour counts in assault cases.

Understanding Orders of Protection

Assault cases frequently involve orders of protection requiring you to stay away from and have no contact with the alleged victim. These orders can:

Prohibit you from returning to your own home
Prevent contact with your children
Affect custody and visitation rights
Result in immediate arrest if violated

Attorney Brown can seek modification of unreasonable orders of protection and ensure you understand and comply with all conditions to avoid additional charges.

Your Freedom and Future Are Worth Fighting For

An assault charge is not a conviction. With experienced, aggressive legal representation, many defendants achieve outcomes that protect their freedom and their future—whether through dismissal, acquittal at trial, reduction to lesser charges, or favorable plea agreements that minimize consequences.

Don’t let an assault charge destroy your life. These cases are defensible, and you deserve an attorney who will fight for your rights with the knowledge, skill, and dedication that comes from being Suffolk County’s most experienced assault defense lawyer.

Contact Attorney Michael Brown today for a confidential consultation about your assault case. Your future depends on the decisions you make right now. Let Suffolk County’s most experienced assault and battery defense attorney put his expertise to work protecting your freedom, your rights, and your future.