Criminal Assault Attorney in New York City

Need a Lawyer for an Assault Case? Call (646) 770-0989!

If you have been accused of or are currently under investigation for assault or any related offense, it is critical to act quickly. Don’t wait to protect your rights—contact a seasoned New York City criminal attorney at H. Benjamin Perez & Associates, P.C. today.

Our firm handles the full spectrum of criminal cases in New York City and brings years of proven experience to every aspect of case preparation and defense. We take a fast-acting, proactive, and personalized approach to ensure each client receives the strongest legal representation possible.

Whether you have already been formally charged or are merely under investigation, early intervention is key. Let us help you safeguard your rights and begin building a solid defense strategy from the very start.

What Is Assault?

Assault is legally defined as a deliberate act that causes another person to reasonably believe they are about to suffer physical harm. To meet this definition, there must be both a credible threat and an apparent ability to carry out that threat—verbal threats alone are not sufficient to constitute assault. For instance, while shouting threats may not meet the legal standard for assault, waving a weapon or even raising a fist in a threatening manner could lead to assault charges.

From a legal standpoint, the fear or apprehension of imminent physical harm is itself punishable, regardless of whether actual physical contact occurs. This distinction allows law enforcement to intervene and make an arrest before a physical attack takes place, prioritizing prevention and public safety.

If you have questions about what constitutes an assault under New York law, don’t hesitate to reach out to our firm. We are available to clarify the statutes and guide you through the legal process with informed, personalized support.

Types of Assault Offenses

Assault and Battery: Definitions and Legal Implications

The terms assault and battery are often used interchangeably; however, they have distinct legal meanings depending on jurisdiction. Both refer to intentional acts of harm against another individual, but battery typically involves physical contact, whereas assault may involve only the threat of harm.

Battery does not always require serious physical injury—such as cuts, bruises, or broken bones. It can also refer to any intentional, offensive, or insulting contact made without consent. The term simple battery is commonly used to describe actions that result in minor physical harm or offensive contact and is usually classified as a misdemeanor.

To constitute a case of battery, three essential elements must be present:

- An actual act committed by the perpetrator
- Intent to cause harm or offensive contact
- Harmful or offensive physical contact with the victim

Aggravated Assault

Aggravated assault involves conduct that is intended to cause serious bodily injury or death, or that is committed using a dangerous weapon. The severity of the act, the extent of the injuries inflicted (or potentially inflicted), and the weapon used elevate the crime beyond simple assault.

In addition to the physical elements, aggravated assault may be charged if the victim is a member of a protected class, such as:

- Elderly individuals
- Mentally impaired persons
- Public servants (e.g., police officers, emergency responders)

Aggravated assault is a felony offense in all states, including New York, and carries significantly harsher penalties than simple assault.

Legal Consequences

The distinction between simple and aggravated assault is critical, as it affects both the classification of the crime and the potential penalties. A conviction may result in:

Fines

Imprisonment

Probation or parole

Permanent criminal record

If you are facing charges of assault, battery, or aggravated assault, seeking experienced legal representation is essential. An attorney can evaluate the specific circumstances of your case and build a defense strategy to protect your rights and mitigate potential consequences.

Let H. Benjamin Perez & Associates, P.C. Defend You

Looking for a Violent Crime Attorney for an Assault Case in NYC?

If you are facing charges of simple assault, battery, or aggravated assault, it is critical to understand that the penalties you’re up against can be severe—and the consequences can follow you for life. A conviction may result in substantial fines, jail or prison time, a permanent criminal record, and lasting damage to your reputation, career, and personal relationships.

At H. Benjamin Perez & Associates, P.C., we are fully prepared to build an aggressive and strategic defense on your behalf. Our legal team understands the complexities of assault charges under New York law and is committed to protecting your rights at every stage of the legal process.

Why Choose Us?

We tailor your defense strategy based on the specific facts of your case.
We act quickly to challenge the prosecution’s evidence and identify weaknesses.
We have a track record of reducing charges, securing dismissals, and winning acquittals.
We offer a free case evaluation so you can ask questions, better understand your legal options, and begin mapping out a plan of action without delay.

Your freedom, future, and reputation are too important to leave to chance. Contact us today to schedule your consultation and take the first step toward protecting your rights.