When is the use of force justified?

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. Victims of supposed assaults may all believe that the actions against them were aggravated, yet such an assertion is typically based off emotion rather than actual fact. Having a firm definition of what qualifies as aggravated assault is important because the potential penalties that you may face from it are typically more severe than those seen in standard assault cases. Fortunately, the law does establish such a definition. Per the New York Penal Code, your alleged assault is only considered to be aggravated in two scenarios. The first is if you are accused of assaulting a police officer or peace officer (that you know or reasonably should have known to be such) with a deadly weapon or dangerous instrument while he or she is in the course of performing his or her duties. The second is if you supposedly commit a third degree assault against one under the age of 11 after having been convicted of a similar offense in the last 10 years. Both offenses are classified as felonies (Class B and E, respectively). More information on defining assault charges can be found here on our site.

Like other criminal offenses, an assault and battery charge can have lasting consequences. A conviction can result in expensive fines and even jail time. Beyond that, it can seriously damage your personal and professional life. You could lose your job or professional license due to a criminal conviction. You might even have problems finding a new apartment in Mineola and other cities or run into various other complications due to your criminal record. This is why building a strong defense is so important to your future. There are a number of defense strategies available to people facing an assault and battery charge, depending on the specific circumstances of the case. One of these possible defenses might apply to your situation. Self-defense In general, self-defense is one of the most common strategies that people use to fight back against an assault and battery charge. In order for a such a defense to have a chance of success, there are four factors that must be present. First, you have to prove that you were facing a threat of harm or force. Second, you must prove that you were afraid for your safety and that you had a reasonable basis for this fear. Third, you must not have initiated or provoked the other person to threaten you. And, finally, you did not have a good chance of extricating yourself from the situation. Defending another person You might be able to claim that you were defending another person. You will have to prove that the same conditions existed as in a self-defense situation except that you were defending someone else. Like with a self-defense strategy, you will have to prove that you had a good reason to believe that the person you defended was under threat of harm. Defending your property You might be able to successfully claim that the assault and battery occurred because you were defending your property from invasion or another illegal act. For example, if someone tried to unlawfully enter your home and you used physical force to protect your property, the court might rule in your favor. However, keep in mind that the law is typically more divided in situations where someone is defending property or uses force in a property dispute. If you are facing an assault and battery charge, it is important to remember that you do have options. With the right defense, you might be able to successfully fight back against the charges and avoid a conviction.

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. Many different opinions surround false allegations of violence, and an article in Quartz takes a look at what those viewpoints might say about the issue’s bigger picture. How does one differentiate between true and false assault accusations? Quartz unearths statistics from the National Registry of Exonerations to show that, since 1989, 52 cases in which men faced assault charges ended in exoneration after they were found innocent. During that time, 790 people received exonerations for murder charges. The Quartz article also points out that a large majority of those who are the subject of a false assault complaint (such as rape) never learn of the allegations to begin with, as many are dropped. With rape specifically, Quartz ruminates on the number of underage girls who go through an unwanted pregnancy or are out past curfew and lie to parents about an assault — many of these instances end in police reports at parents’ requests. Men Against Abuse Now, an all-male group against violence at Stanford University, provides numerous resources on the myths of false accusations. One resource states that roughly two percent of all rape and other sex charges are ultimately false; this percentage is the same as other felonies. However, MAAN also estimates that only 40 percent of all rape cases reach the police, as many go unreported. In addition, only one in two rape claims result in prosectuion. The tricky aspects of assault charges make it all the more important to deal with such situations promptly and appropriately.