Assault and Battery Attorney in Staten Island

The legal terms “assault” and “battery” are often confused or used interchangeably in conversation, but they are not the same offense. The main difference between an assault charge and a battery charge is the actual presence of harm and the threat of harm. Assault involves the intentional act of causing another person to fear that they are about to suffer physical harm. Battery involves intentional and unlawful physical contact with another person. Unlike assault, a battery charge requires actual physical contact to have occurred.

According to New York Penal Law, you can be charged with first, second, or third degree assault. Each of these offenses have their own unique elements and can either be considered a misdemeanor or felony. For example, First Degree Assault is a Class B violent felony, punishable by 5 to 25 years in prison. Assault in the Third Degree, a Class A misdemeanor, can involve a jail sentence of up to 365 days and fines up to $1,000.

In New Jersey, there are various categories of assault. Even if you commit battery, it may still be charged as an assault. A simple assault is the most basic assault charge in NJ and is classified as a disorderly persons offense. It is punishable by up to 6 months in jail and a maximum fine of $1,000. Aggravated assault, which is defined as an action that causes serious bodily harm to another person with or without the use of a deadly weapon, is punishable by up to 10 years in prison and a $150,000 fine.

Yes, it is possible to face assault or battery charges without any physical injury to the victim. In legal terms, assault is defined as the attempt or threat to cause physical harm, so even the simple act of causing fear to someone can lead to an assault charge. For example, let’s say someone throws a bottle toward another person during a fight at the bar. Even if that bottle misses, it can still lead to an assault charge.

Battery involves actual physical contact, defined as unlawful and unpermitted contact with someone in a harmful or offensive manner. A simple push or shove can be enough for a battery charge if the action was meant to cause harm. The key here is intent and perception. If a person feels threatened or harmed, even when there isn’t physical injury, it’s still enough to fall under a battery charge.

Self-defense, referred to as Justification in New York, is a common argument for legal defense attorneys to help their clients avoid criminal charges. However, this path is not as straightforward as it may seem. Arguing self-defense means admitting to performing a criminal act, but only under the notion of protecting yourself from harm.

To successfully argue self-defense or justification, you must present a few key elements. The first is proof that there was an immediate threat of harm against you. Once this is proven, it must be determined whether or not the defendant’s response (the act of defense) was proportional to the threat itself. For example, if someone poses a threat to another person by shoving them, and that person acts in self-defense by wrestling the individual to the ground and performing repeated blows to the head, battery charges may be pursued because of the severity of the response to the initial action.

In legal terminology, there are elements to a charge called aggravating factors. Aggravating factors are a set of circumstances that can increase the severity of an assault or battery charge. These aggravating factors include:

• Criminal History: Any person with prior convictions, especially if there’s a history of repeat offenses, may see their charge raised to a felony.
• Harm to the victim: The amount of harm caused, severe injuries, or long-term consequences can elevate charges.
• Intent: A charge may be increased to a felony if there is suspicion of the perpetrator planning out the offense with the motivation to cause harm.
• Victim: The identity of the victim can increase charges. For example, assaulting a police officer, a pregnant person, or someone with a restraining order against the perpetrator can lead to a felony charge.
• Perpetrator: Having any criminal history or abusing a position of authority can be enough to turn assault or battery charges into felony charges.
• Weapon: The use of a deadly or dangerous weapon such as a gun or knife can increase the severity of a charge.

In the state of New York, no law allows for criminal charges of assault or battery to be expunged or erased. Technically, charges of assault and battery will remain on record forever. However, the law does allow for certain charges to be sealed, which differs from expungement. Sealing cases doesn’t entirely erase the case from your records, but it restricts access to them. When charges are sealed, they get hidden from public view, only being accessible through certain entities, such as law enforcement and certain employers.

In the state of New Jersey, simple assault convictions remain on your record indefinitely. You must take specific action to get the charges expunged. However, in New Jersey, expungement is not immediately available after serving your sentence. In most cases, you will need to wait 5 years after serving your sentence to become eligible. After those 5 years, you may qualify for expungement if you:

• Completed your sentence, along with probation or parole.
• Paid all fines.
• Remained conviction-free during the waiting period.

Yes. If you are facing assault or battery charges, hiring a criminal defense attorney is crucial. The legal system is complex, and working with a skilled defense attorney can provide the advantage you need when navigating court procedures. Mario Gallucci is a leading criminal defense attorney in Staten Island and one of the nation’s Top 100 trial lawyers. He proudly offers expert guidance for both assault and battery cases. 

Mario Gallucci’s extensive experience and proven track record help demonstrate his commitment to securing the best outcomes for each client. You’ll receive a tailored defense strategy with the ultimate goal of reducing or dropping your charges. If you or someone you know is facing charges of assault or battery, you can trust Mario Gallucci of The Gallucci Law Firm to provide your case with the best defense possible.