Violent Crime Defense Attorneys in Saratoga Springs, NY

Violent Crime Defense in New York's Capital Region

Violent Crime Charges We Defend

How We Defend Violent Crime Cases

When Violent Crime Charges Overlap with Other Legal Matters

Frequently Asked Questions About Violent Crime Charges in New York

New York does not use the term “aggravated assault” as a standalone charge. Instead, assault is classified by degree. Assault in the Third Degree is a misdemeanor involving physical injury. Assault in the Second Degree is a felony involving serious physical injury or the use of a weapon. Assault in the First Degree is a violent felony involving intentional serious injury with a deadly weapon. The degree charged depends on the severity of injury, the means used, and the circumstances of the incident.

Yes. Self-defense under Penal Law Article 35 is an affirmative defense available to anyone who used reasonable physical force to protect themselves or another person from what they reasonably believed was the imminent use of unlawful physical force. However, New York imposes a duty to retreat when you can do so safely — with the exception of the Castle Doctrine, which eliminates the retreat obligation inside your own home. Successfully raising a self-defense claim requires evidence supporting your reasonable belief that force was necessary.

Violent felonies carry mandatory minimum prison sentences under New York law. Unlike non-violent felonies, where a judge may have discretion to impose probation or a shorter sentence, violent felony convictions require a determinate prison term. A Class D violent felony carries a minimum of 2 years. A Class C violent felony carries a minimum of 3.5 years. A Class B violent felony carries a minimum of 5 years. These are not negotiable at sentencing — which is why the defense strategy and any plea negotiations that happen before trial are critical.

No. Because New York does not have a standalone domestic violence statute, the charge depends on the underlying conduct. Harassment and menacing in the third degree are violations or misdemeanors. Assault in the third degree is a misdemeanor. However, strangulation charges, second-degree assault, and any case where the Aggravated Family Offense statute (Penal Law § 240.75) applies due to a prior DV conviction within five years will be charged as felonies. The specific facts of the incident and the defendant’s criminal history determine the classification.

Yes, depending on the facts and the strength of the evidence. Charges can be reduced through plea negotiations — for example, an assault in the second degree charge may be reduced to assault in the third degree, converting a felony to a misdemeanor and eliminating mandatory prison time. Charges can also be dismissed entirely if the evidence is insufficient, if key evidence is suppressed due to constitutional violations, or if witnesses are unavailable or not credible. An experienced defense attorney evaluates every possible avenue for reduction or dismissal before advising on strategy.

Protect Your Freedom — Contact Us Now

Schedule a FREE Consultation

This field is for validation purposes and should be left unchanged.

Legal Disclaimer

This website and its content may be considered attorney advertising under the rules of certain jurisdictions. Prior results do not guarantee a similar outcome.