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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?

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Attorney answers 6

Posted

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

Asker

Posted

Thank you. And what about the evidence needed to convict someone of a misdemeanoe assault? What evidence would prove innocence of misdemeanor assault charges?

Ilir Kavaja

Ilir Kavaja

Posted

As for the evidence, the prosecutor will turn over any evidence they intend to use at trial. So stay put for now, again talk to an attorney. Keep in mind that the prosecution has the burden to prove the elements of the offense. The defense, does not have to do anything. It is always helpful to offer evidence that negates any of the elements of the crime. An example of evidence that would prove innocence is a video of another person committing the assault instead of you. Best of Luck

Asker

Posted

Thank you, no luck is needed just the truth. I know I didn't assault anyone. Two witnesses saw the entire thing. One of them told me s/he clearly told the police confirming what I say. That it is in fact the other person who did assault me. I don't know about the other witness as that witness escorted the person who attacked me outside and was waiting for the police with that person so any discussion could have happened at that point... The person has no injuries that is for sure, unless they did those themself.

Posted

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

Posted

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.

Asker

Posted

I know there are many forms of evidencebut could you please list a few or themost common ones?

Benjamin J Lieberman

Benjamin J Lieberman

Posted

Testimony of the victim or other witnesses, photographs and medical records seem to be the most applicable to your scenario.

Asker

Posted

Ok, I don't have any medical records but many pictures were taken by the officers of my injuries. I have two witnesses who saw everything. That I never assaulted. I know for sure that one of them backs my version 100%. The other witness isn't very cooperative with me, so I don't know. Since the other person gave a different story we both got sent to jail, and we both are "victims" for the moment and waiting for the hearing...

Posted

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.

Posted

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.

Posted

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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