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What evidence is needed to be convicted of a misdemeanor assault? Depending on the evidence what is, approximately, the penalty?

White Plains, NY |

To be convicted I am thinking that there should be evidence against someone. What kind of evidence would be needed to convict someone of misdemeanor assault?

What about the opposite? What is needed for someone NOT to be convicted of a misdemeanor assault?

Attorney Answers 6


  1. The answer to your question can be found in New York's Penal Law, Article 120. All types of assault are listed there. Here's a link
    http://ypdcrime.com/penal.law/article120.htm#p120.00

    As for the penalty, it can vary from Fines, to Probation, to Jail time. It is up to the judge, the circumstances of the crime, and any aggravating or mitigating factors there may be.

    If you have an attorney, your attorney should be able to answer these questions for you. If not, I recommend that you at least contact one for a consultation.

    Best of Luck

    Disclaimer: the above is NOT legal advice; it is merely a general answer to your question. It does NOT create an Attorney-Client relationship with Attorney Kavaja


  2. Testimony that defendant committed the assault and evidence of the appropriate level of injury, either by testimony or medical records


  3. The penalty for misdemeanor assault can be up to one year in jail and a $1000 fine. There many forms of evidence all of which or some of which can be used to establish that the assault was committed by you and that the victim sustained a physical injury. If you are being charged with a criminal offense make sure you have an attorney. You should be discussing this with him/her.


  4. Evidence of assaukt is any physical or testimonial evidence stating you had physical contact causing physical injury. Injury is a key element. Without that, it can'7:48:02 AM be proven. Medicals and/or photo's of injuries can be that proof.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  5. Threat of harm, express or implied and the apparent ability to carry out the threat

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.


  6. In short there must be proof beyond a reasonable doubt that someone intentionally caused physical injury to someone else. This is usually accomplished through testimony, photographs, medical reports, doctor testimony, 911 calls and any other physical evidence i.e. bloody shirt.

    You are presumed innocent, so if the DA doesn't meet their burden a jury must acquit you.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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