Intentionally causing someone a physical injury is prohibited in New York as in the rest of the country. Known as assault, the key ingredient to the crime is the intent to cause the injury. There are various degrees to the crime of assault, depending on the use of deadly weapons, the mens rea of the person accused of committing the crime and the seriousness of the injury. Therefore, for first and some second degree assault offenses, there must be the specific intent to cause serious physical injury to the alleged victim.
Sexual violence takes many forms, and the different forms of it have different elements and different penalties. Understanding the elements of a crime is an important first step in defending oneself against criminal charges.
A person who is facing the possibility of serious criminal charges is in a bad predicament. Not only could the accused endure harsh penalties if he or she is convicted, but they could also suffer hardships impacting his or her personal and professional life. Because allegations of a violent crime could carry with it some consequences, it is important that accused offenders take time to understand the defense options available to them.
While emotions can sometimes get the best of us, when it comes to assault charges, there are various factors that could elevate this criminal charge. No matter the cause or intent of the matter, when an individual in New York or elsewhere faces allegations of aggravated assault, this is likely to mean harsher penalties and consequences for this violent crime. Because an elevated charge could greatly impact a defendant, it is imperative that they understand how an assault charge is raised to this offense as well as defense options available.
As a previous post in this blog discussed, charges related to theft could result in serious penalties. If a criminal charge is raised to an armed robbery charge because a deadly weapon was used in the commission of the suspected crime, the accused could face harsh consequences.
The accusation of theft can be serious. In fact, individuals in New York that are suspected of the unlawful taking of property could face serious penalties. Even more so, the accused offender could face even more severe consequences if they are charged with armed robbery. Unlike theft, armed robbery requires the application of threat or force, which causes this criminal charge to carry with it serious penalties, usually because the offender used a gun or a knife.
As a previous post highlighted, a domestic dispute could result in criminal charges. A person accused of domestic violence can face serious penalties. In addition, the defendant could lose the ability to sped time with the other party involved in the dispute as well as any children involved. Whether this is a family member, spouse or a significant other, a violent change such as a domestic dispute charge could carry serious penalties. In addition, a person convicted can face harsher penalties if the person is found in possession with a firearm.
Being accused of committing a crime against a family member or a love done is not an easy situation to be in. It is likely very complex and heated with many emotions. Nonetheless, a domestic violence charge can carry serious consequences against an accused offender. The sensitivity and nature of this criminal charge might make it difficult to navigate and work through, but this doesn't mean a defendant should not take assertive steps to initiate a criminal defense action.
Loved ones get into disputes from time to time. While these might be minor fights that only involve some verbal exchanges, others can evolve into more heated arguments that involve physical altercations. Whether it is between spouses, significant others, siblings or other family members, domestic violence could transpire into serious events that could harm a loved one, resulting in another facing criminal charges for a violent crime.
As a previous post highlighted, convictions for gun crimes can carry serious penalties. Moreover, if a gun is used in the commission of a suspected crime, the accused could receive added years to their sentence if they are convicted of the underlying offense. Because crimes involving deadly weapons such as firearms could result in severe consequences, defendants in New York and elsewhere should understand the options available to them to try to reduce or avoid these penalties.