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Assault Archives

Defining aggravated assault

People in Mineola often throw out the word "assault" to describe any manner of different offenses. Some may use it to describe a verbal tirade on directs at another, while some might cite in cases where an actual physical altercation occurred. However it is used, you likely care the most about its context when it is used against you. The circumstances of an alleged assault will often dictate the criminal charges that accompany it. The added description of "aggravated" used in the accusations against you should be cause for concern. Yet we here at The Law Firm of Michael R. Franzese can assure you this descriptor cannot simply be applied to a case randomly. 

Fighting a false assault accusation

There is no pleasant way to put it: violence takes place on any street, at any school and within any walls. Because this harsh truth is so common, some New York residents face obstacles when attempting to prove that a crime never happened in the first place. An assault charge can muddy the waters even further, as it can be difficult to separate fact from fiction. Whichever the case, those facing assault charges that have no factual grounding can find the process challenging to navigate. 

When is the use of force justified?

You may think that so many people in Mineola cite self-defense in response to criminal accusations that such an assertion has lost all validity (and thus no one will believe you when you rightfully claim it). However, the law does indeed recognize that there are situations where conduct that would otherwise be deemed to be assault is justified. Section 35.05 of the New York Penal Code describes such situations as when you need to act to avoid an imminent injury that may come through no fault of your own that is serious enough that, "according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue."

The broad category of sexual assault

In the midst of the uproar surrounding what is now known as the "Harvey Weinstein effect," the definition of sexual assault has taken on a myriad of meanings. At the end of the day, however, one of the most important factors in such cases is that of proper investigation. It is true that countless powerful figures, including many in New York, have faced accusations of sexual assault. But what are Americans to make of this complex issue? 

Violating a criminal court order of protection means more charges

There are times when a person charged in New York with a crime such as assault becomes the subject of a criminal court order of protection. This order may be necessary before the defendant secures bail or other release from custody pending his trial.

The importance of the arraignment

If a person has been arrested for a crime such as assault in New York state, the arraignment will typically arrive quickly, perhaps in less than 24 hours. However, the short time between arrest and arraignment is important because a defendant may otherwise be waiting in a jail cell for the opportunity meet the judge.

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