NYC Domestic Violence and Assault With a Gun Lawyers
If you injure another person in New York, then you will likely be charged with assault. If you are in any kind of relationship with the person that you injure, then it can be considered as domestic violence. When there is a gun involved, you can be charged with domestic violence and assault with a gun. An attorney can examine the evidence presented against you to determine if you had a weapon or if you acted in self-defense when the crime was committed.
While some assault charges are misdemeanors in the eyes of the law, there are charges that are felonies. These carry longer sentences and higher fines. You could also risk losing contact with the people involved in the domestic violence case and risk having the charge on your criminal record for several years. Any time a gun is involved in the assault with someone you’re in a relationship with, it’s considered domestic violence. You might be roommates, engaged in a relationship where you’re living together without being married, or parent and child. Since severe injuries and even death can occur when a gun is involved, the charge can be a bit more serious than if there is no weapon involved at all. There is a possibility of spending years in prison if you are convicted of domestic violence and assault with a gun even if the weapon is not used in any way against the victim.
Keep in mind that there isn’t a specific charge that is simply assault with a gun. This is attached to other charges that you receive, such as domestic violence. There are three assault degrees that you could be charged with, each being punishable by different lengths of time in prison and different amounts of fines and fees that you would have to pay. There are also several types of guns that are included with the charge, such as a rifle, pistol, handgun, and a machine gun. When determining your sentence, the court will often look at the type of gun used as well as your criminal history.
First-degree involves injuring the person who is involved in the assault or another person who is in the same area. You can also be charged with assault with a gun if you engage in behavior that puts other people at risk. Second-degree is similar to first, but the difference is that in first-degree, you intend to inflict serious injury while you only intend to injure the person when second-degree assault is concerned. Third-degree assault is the least serious, but you could still spend time in prison. There is no intent to cause harm where this charge is concerned. If you cause any kind of physical injury to another person with a gun, then you will face third-degree assault. You would face this charge if you are considered negligent for your actions involving a gun. Self-defense and the extent of injury can be possible defenses to your charges, which is why an attorney is often suggested when you are arrested.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic