Being accused of a crime is a very serious allegation. It is not a time to tread lightly and use a government sponsored attorney. For those that are accused of robbery or assault, choose a well-respected lawyer that can defend your rights and make sure that you are given the most fair trial possible. For that reason, many people in the New York area are choosing Joseph Potashnik and Associates to represent them to defend their interests in the court of law.
Robbery is a very serious accusation that comes with serious jail time. It basically means any time that a person takes some one else’s property without their knowledge or by force. There are actually mandatory minimum jail times in some cases so it is best to take a robbery accusation very seriously. In New York there are three kinds of robbery. Robbery in the first degree carries a minimum of five years in prison with 25 years potential. It is charged when someone commits robbery and also causes serious injury to someone else. It is especially likely if a deadly weapon such as a gun, knife or heavy object is used in the crime. Robbery in the second degree ranges from three and a half years to fifteen years. It is applied when there are more than one person involved in the crime and a weapon like a gun is displayed, even if it is not used. Robbery in the third degree has no mandatory minimum with a maximum of seven years in jail and is the lightest type of robbery accusation. It is applied for all other forcible theft. All of the robbery convictions are considered felonies rather than misdemeanor crimes.
Together these accusations are extremely serious. A good attorney will always find a way to get the prosecution to move the indictment up a degree so that if you are accused of first degree robbery, the good lawyer can move it to second degree. The team of lawyers at Joseph Potashnik and Associates has combined decades of experience defending accused criminals and helping them to get lighter sentences or even acquittal. The most important thing is that all of the facts are presented fairly so that you have the best chance of making your case.
Similarly, assault is a very serious crime that carries severe penalties. Assault can also mean many different things in New York including stalking, injury to a child or injury with a vehicle. Assault has three degrees just like the three degrees of robbery crimes. Assault in the third degree is a Class A misdemeanor while the other two are felonies.
Under New York state law, assault in the third degree results in a punishment of a maximum of seven years in jail. The court applies this punishment when a person’s negligence causes physical harm in another person. Assault in the second degree results in a punishment of a maximum of fifteen years in jail. The court issues this ruling when a person plans and attempts to harm somebody else with a weapon. That could also be the case if no weapon is used but the assault is vicious. It is also applied whenever a police officer, medical worker or other public worker is harmed. Assault in the first degree results in a punishment of a maximum of twenty five years in jail. It is applied when someone plans and causes serious injury, disfigurement or permanent harm to another individual. These are difficult to defend because the victim often testifies directly in court and their wounds are quite apparent. An excellent attorney is needed to convince the jury otherwise.
Assault in the first and second degree have to show criminal intent so they are much harder to prove in a court of law. A good attorney will cast doubt on the intent of the crime.
Stalking is also a kind of assault and actually has four different degrees of severity. It includes following, harassing, menacing, intimidating or trespassing among other actions. It can be first through fourth degree with corresponding penalties. Again, a good attorney will push for the degree of assault to be pushed up or two degrees so that your sentence is much lighter if convicted. Proving stalking can also be a slightly subjective task. A good attorney will turn this subjectivity in to doubt so that the jury will be more likely to acquit in the case.
Assault is a category that is also used to cover some other random crimes that are not what we think of traditionally as assault. For example, child neglect can be considered assault. Promoting a suicide also falls under the category of assault. Finally, a crime that involves harm with a vehicle falls under assault laws. That doesn’t just mean a car, but also a bike, motorcycle or any other conceivable vehicle. In all of these cases, an attorney is needed to help prove to the jury that your intents were not to truly harm or injure the other party. Intent is a strong component of all of these crimes and if you have a good reason, it is possible to reduce your penalty. For example, if someone distracts you before you hit someone with your bike, you do not deserve a harsh assault punishment even if there is an injury.
New York city is fortunate to see a dramatic drop in the murder and serious physical crime over the last two decades. The city is a lot safer, even in some of the most dangerous neighborhoods of Harlem, the south Bronx and East New York. However, serious crimes still can and do occur. The court has not adapted and is still overwhelmed. A public defender can simply not give you the time, effort and professionalism that a serious, well-respected private attorney can provide.
Joseph Potashnik and Associates have the credentials and proven experience to help you in your time of need and defend your rights. If you, a friend or relative is accused of an assault or robbery call us at 917 341 5067 anytime day or night. You can also set an appointment to meet us downtown in the financial district on Broad Street. Either way, we will do our best to defend you, get you the most fair trial and uphold all of your rights.