New York Assault Lawyer
Welcome to Spodek Law Group. Our goal is to give you the reality of assault charges in New York - not the sanitized version other law firms present, not the "just plead guilty" fiction public defenders push, but the actual truth about what happens when the NYPD puts handcuffs on you for assault.
Heres the thing most lawyers wont tell you: New York's assault statute isn't designed to punish what you did. It's designed to force you into a plea bargain. The three-tiered system - Assault in the Third Degree, Second Degree, and First Degree - exists so prosecutors can charge you higher than warranted, then "generously" offer to reduce the charge if you plead guilty to something. This is the leverage machine. And right now, it's pointed at you.
The numbers prove this isn't paranoia. According to criminal justice research from the Data Collaborative for Justice, only 44% of felony arrests in New York State actually end in conviction. Think about that. More than half of people arrested for felonies either beat their case entirely or got it reduced to something that isn't a criminal conviction. The question isn't whether assault charges can be fought - the question is whether your lawyer understands HOW the system really works.
What The Three Assault Degrees Actually Mean For Your Case
OK so lets break down what your actually facing. New York Penal Law Article 120 creates three main assault charges, plus gang assault and assault on police officers. But here's were people get confused - the "degree" isnt really about what you did. Its about what the prosecution thinks they can prove and what leverage they want.
Assault in the Third Degree under Penal Law 120.00 is a Class A misdemeanor. You face up to 1 year in jail or 3 years probation. The statute says you intentionaly caused "physical injury" to someone. But heres the kicker - "physical injury" is basicly whatever the hospital documented. A bruise counts. Redness counts. Anything the ER wrote down for billing purposes becomes the prosecution's evidence of your crime.
Assault in the Second Degree under Penal Law 120.05 is a Class D violent felony. This is were things get serious. Your facing 2-7 years in state prison - mandatory. The judge cant give you less than 2 years even if they want to. This charge requires "serious physical injury" or use of a weapon. But watch how prosecutors play this: if the victim got stitches, if they claimed "protracted impairment," if there hospital bill was high enough - suddenly your misdemeanor becomes a felony.
First Degree Assault under Penal Law 120.10 is a Class B violent felony with 5-25 years in state prison. This involves deadly weapons causing serious injury, or intent to permanently disfigure. These cases are rare but devastating. If your charged with Assault 1, you cannot afford to wait even 24 hours before getting experienced defense counsel.
How Hospital Bills Literaly Determine Your Charge
Let that sink in for a moment. The difference between going home with a misdemeanor and going to state prison for two years minimum often comes down to what the victim's hospital bill says.
When someone goes to the emergency room after an altercation, the hospital bills for every service rendered. More services equals more documentation. More documentation equals more "evidence" of injury severity. A $500 ER visit with basic examination usualy supports "physical injury" - thats the misdemeanor. But a $3,000+ bill with stitches, X-rays, and overnight observation? That supports "serious physical injury" - thats the felony.
As Todd Spodek has explained to countless clients, the victim didnt choose whether to make your case a misdemeanor or felony. The hospital billing department effectivley made that choice. And the prosecutor used it. This is why reviewing all medical documentation is critical in assault defense - what the hospital claimed for insurance purposes often exagerates what actualy happened medically.
The prosecution dosent care about medical reality. They care about what they can argue to a jury. A thick stack of hospital records looks damning. The fact that most of those records exist for billing purposes rather then medical necessity? That's what a good defense lawyer exposes.
The 24-Hour Arraignment Trap
Your probably reading this becuase you or someone you love was just arrested. Heres the reality of what happens next.
Under New York law, you must be arraigned within 24 hours of arrest. That sounds like a protection for defendants - your brought before a judge quickly. In reality, its a trap. Your lawyer has maybe 20 minutes to review your case before standing next to you in court. The prosecutor has had hours, sometimes days, to prepare. The "speedy arraignment" benefits the prosecution, not you.
At arraignment, the judge reads the charges, you enter a plea (almost always "not guilty" at this stage), and then the bail decision happens. This is were bail reform made things wierd. Since 2020, most non-violent offenses result in release without bail. But violent felonies - including Assault 2 and Assault 1 - still qualify for bail or even remand.
See the problem? If the prosecutor charges you with Assault 2 when your conduct only warrants Assault 3, suddenly your in the "violent felony" category. Bail gets set. You cant pay. You go to Rikers. You loose your job while waiting weeks for the next court date. By the time a plea offer comes, your so desperate to get out that you accept anything.
This is the leverage machine in action. The initial charge isnt about what you did - its about how much pressure the prosecution can put on you to plead guilty.
Why 56% of Felony Assault Arrests Dont End in Conviction
Heres were it gets interesting. If assault charges were about actual guilt, you'd expect most people arrested to be convicted. But the data shows something completly different.
According to criminal justice research, only 44% of felony arrests in New York end in criminal conviction. That means 56% of people arrested for felonies either had there cases dismissed, were aquitted at trial, or got there charges reduced to non-criminal violations.
What explains this massive gap? Overcharging. Prosecutors know they can arrest and charge at a higher level, force a plea negotiation, and still claim "victory" when the case resolves to a lesser charge. The defendant takes the misdemeanor conviction thinking they "won" becuase they avoided the felony. But they didnt win - they were manipulated into accepting a conviction that might have been dismissed if they'd fought.
This dosent mean you should blindly refuse every plea offer. Some cases genuinly warrant conviction. But it means you need a lawyer who understands the difference between a case where the prosecution has real evidence and a case where their charging up just to negotiate down.
At Spodek Law Group, we see this pattern constantly. Client comes in charged with Assault 2. We investigate and find the "serious physical injury" was dramaticaly exagerated for insurance purposes. We find witnesses the police didnt interview. We find that the "victim" actualy started the fight. And suddenly that felony charge starts looking very different.
Self-Defense in New York Isnt What You Think
One of the most dangerouse misconceptions people have is about self-defense. You probly think "I was defending myself" is a complete defense to assault charges. In New York, its much more complicated.
New York follows a "duty to retreat" doctrine. Unlike states with stand-your-ground laws, New York requires you to retreat from a confrontation if you can safely do so - before using physical force. If you could have walked away, run away, or otherwise avoided the fight, claiming self-defense becomes extremley difficult.
There are exceptions. You have no duty to retreat from your own home (the "castle doctrine"). You have no duty to retreat if your a victim of certain felonies in progress. But in the typical bar fight or street altercation, the duty to retreat applies.
Think about that for a moment. Two people in a mutual combat situation. One of them calls 911 first. That person becomes the "victim." The other person - who may have been equaly at fault or even defending themselves - gets arrested. And there self-defense claim fails becuase they could have retreated instead of fighting.
Todd Spodek has seen this exact scenario play out hundreds of times. The person who called 911 first wins, regardless of who actualy started the confrontation. This is why we tell clients: if you have time to call the police, do it. Dont wait for the other person to become the "victim."
The Plea Bargain Machine and How Spodek Law Group Fights It
OK so heres the part nobody talks about. The vast majority of assault cases never go to trial. They resolve through plea bargaining - a negotiation between prosecutor and defense attorney where the defendant agrees to plead guilty to reduced charges in exchange for avoiding trial.
Plea bargaining isnt inherantly bad. Sometimes the evidence is overwhelming and accepting a reduced charge is the smart move. But the problem is HOW prosecutors use it. They charge at the highest plausible level, then offer a "deal" to plead down. The defendant feels like there getting a bargain when actualy there just accepting what the charge should have been in the first place.
The way to beat this machine isnt to blindly refuse all deals. Its to create doubt. At Spodek Law Group, our approach is simple: investigate everything, challenge everything, make the prosecution earn every inch.
We request all discovery - police reports, body camera footage, 911 calls, hospital records. We interview witnesses. We find inconsistancies in the victim's story. We document evidence of self-defense, provocation, or mistaken identity. And then, when we negotiate, we negotiate from a position of strength.
Sometimes this means going to trial. The conviction rate at trial is extremley high - over 90% by most estimates. But prosecutors hate trials. Trials take time, resources, and create risk. A prosecutor who knows your ready, willing, and able to go to trial treats your case differently then one who knows your desperate to plea.
What Happens In The First 48 Hours After Arrest
Let me show you what the first 48 hours look like becuase this is when most assault cases are won or lost.
Hour 0-4: Your arrested and transported to the precinct. You may be offered a chance to "explain your side." Do not do this. Exercise your right to remain silent and ask for a lawyer. Every word you say becomes evidence. The police are not your friends here.
Hour 4-12: Your processed (fingerprinted, photographed) and held for arraignment. Depending on the borough and case backlog, you may be in a holding cell for hours. This is uncomfortable and frightening by design.
Hour 12-24: You appear before a judge for arraignment. If you have a private attorney, they should be there. If not, a public defender is assigned minutes before your appearance. The charges are read, you plead not guilty, and bail is argued.
Hour 24-48: If released, your out with a return court date. If bail was set and you couldnt pay, your transported to Rikers Island. If remanded (no bail), same destination.
The critical moment is before arraignment. If you have a lawyer involved early, they can contact the DA's office, provide context, and sometimes prevent overcharging before it happens. Once charges are filed, its much harder to walk them back.
This is why the first phone call matters so much. Calling 212-300-5196 immediately after arrest isnt about ego or billing - its about getting representation in place before the system steam-rolls you.
Gang Assault Charges - When Numbers Work Against You
Theres another category that catches people completly off guard: gang assault. Under New York Penal Law 120.06 and 120.07, if you assault someone while "aided by two or more other persons actually present," the charge automaticaly escalates.
Gang Assault in the Second Degree is a Class C violent felony - up to 15 years in prison. Gang Assault in the First Degree, where serious physical injury occurs, is a Class B violent felony with the same 5-25 year range as Assault 1.
Heres what catches people: you dont need to be in a "gang." You just need to have been with two other people when the assault occured. A bar fight involving you and two friends? Thats technically gang assault territory. The prosecution will argue your "accomplices" emboldened you, made the victim more vulnerable, made escape more difficult.
The group dynamics also create legal problems. Even if you didnt throw a punch, you can be charged under accomplice liability. If you were present, if you planned the confrontation, if you could have stopped it - prosecutors argue your just as guilty as whoever actualy caused the injury.
The Assault on Police Officer Enhancement
Theres a special category that deserves its own discussion: assault on police officers, peace officers, and other protected personnel. Under Penal Law 120.08, assaulting a police officer is automatically a Class C felony - up to 15 years in prison.
Even worse, Penal Law 120.11 covers "aggravated assault on a police officer" - which is a Class B felony carrying 10-30 years. The difference? Serious physical injury or use of a weapon.
What makes these cases particulary dangerous is the credibility gap. When a police officer claims you assaulted them, there word carries enormous weight with judges and juries. Body camera footage has changed this somewhat, but not completley.
We've handled cases were the defendant "assaulted" an officer by pulling away during an arrest. We've seen cases were the officer's injury was caused by there own partner during the scuffle. These charges can often be challenged, but it takes a lawyer who isnt intimidated by police testimony.
The Domestic Violence Assault Problem
Assault charges become even more complicated in domestic violence situations. New York has mandatory arrest policies for domestic incidents - meaning if the police respond to a domestic call, someone is almost certainly getting arrested.
The order of protection is automatic in these cases. At arraignment, the judge issues an order preventing you from contacting the alleged victim or returning to your shared residence. Even if the victim dosent want you arrested, even if they refuse to cooperate with prosecution, you cannot go home.
This creates devastating cascades. You cant get your clothes, your documents, your medications. If you violate the order - even with the victim's invitation - your facing new criminal charges. Your marriage or relationship may not survive the weeks or months of enforced separation.
The domestic assault trap is especially cruel becuase the actual incident is often mutual - both parties were yelling, both parties may have gotten physical. But only one person gets arrested. The other becomes the "victim" and gets protection order. There is no nuance in the system.
What a Strong Defense Actually Looks Like
Reading this, you might feel hopeless. The system is rigged. The prosecution has all the advantages. Why bother fighting?
Becuase the system has cracks. And experienced defense lawyers know exactly were those cracks are.
Every assault case has elements the prosecution must prove beyond a reasonable doubt. Did you act intentionaly? Was there actualy "physical injury"? Was force justified under the circumstances? Is the victim's account credible? Are there witnesses who saw something different?
We dont win by hoping the prosecution makes mistakes. We win by creating reasonable doubt through investigation, preparation, and aggressive advocacy. We challenge the victim's credibility. We challenge the medical records. We challenge the police investigation. We make the prosecution work for every element of there case.
Some cases should go to trial. Some should resolve through negotiation. The skill is knowing which is which - and having a lawyer who can execute either strategy at the highest level.
The Timeline Nobody Prepares You For
Assault cases dont resolve quickly. Even misdemeanor Assault 3 can take 6-12 months to fully resolve. Felony cases can stretch 1-2 years or longer.
During this time, your life is on hold. Your employment may be affected. Your relationships are strained. Your facing regular court appearances that disrupt work and family. The stress is immense.
This is intentional. The longer the case drags, the more pressure on you to accept whatever deal is offered just to make it stop. Prosecutors know this. They use adjournments and delays as weapons.
A good defense lawyer pushes back against unnecessary delays while also using time strategicaly. Sometimes we need time to investigate, to file motions, to prepare for trial. But we never let the prosecution use time purely as a pressure tactic.
The ACD Trap - When "Winning" Isnt Really Winning
Many assault cases end with an ACD - Adjournment in Contemplation of Dismissal. Your lawyer might present this as a victory. The case gets adjourned, and if you stay out of trouble for 6-12 months, it gets dismissed and sealed. Sounds great, right?
Heres the problem nobody explains. An ACD isnt an aquital. Its not the prosecution admiting they were wrong. Its the prosecution saying "we dont have enough to convict right now, but well keep the case open just in case."
During the ACD period, you have conditions. Maybe drug testing. Maybe anger management classes. Maybe staying away from certain locations or people. Violate any condition, and the case comes roaring back - except now the prosecution has more time to build there evidence.
The real question with an ACD offer is: would we have won outright if we'd fought? Sometimes the answer is yes. The prosecution offers ACDs when there cases are weak. Accepting one means you did 6 months of conditions for a case that might have been dismissed immediatley.
Your Next Move
The clock started when you learned about these charges. Every hour that passes without experienced legal counsel is an hour the prosecution uses to build there case while you do nothing.
Spodek Law Group has handled hundreds of assault cases in New York City and surrounding areas. We understand the leverage machine. We know how to fight it. We've gotten charges dismissed, reduced, and beaten at trial.
According to NYPD crime statistics, in 2024 there were 29,417 felony assaults reported in New York - a 5% increase from the prior year. The system is busy, overwhelmed, and looking for easy convictions. Dont be one of them.
The consultation costs nothing. The alternative - facing the full weight of the New York criminal justice system alone - costs everything.
That window is closing. 212-300-5196 reaches someone who understands what your actualy facing.
