KNUTSON LAW, PLLC
Assault Defense Attorney in New York
Facing assault charges in New York? Attorney Yana Knutson provides aggressive, bilingual Russian-English defense for clients charged with assault at every degree across New York State.
Assault Charges in New York — What You Are Facing
An assault charge in New York is quite serious — even if it's just a misdemeanor. Being convicted can result in jail time, a permanent criminal record, losing your job, and for non-citizens, serious immigration consequences including deportation. The outcome of your case relies heavily on the quality of your legal representation and how soon you get help. At Knutson Law, we’ve supported clients facing assault charges from domestic disputes, street fights, bar conflicts, misunderstood self-defense situations, and false accusations. Every case is unique, and so every defense must be tailored to the specific facts — there’s no one-size-fits-all approach.
Degrees of Assault in New York New York law recognizes three degrees of assault, each with different penalties.
Common Defenses for Assault Charges in New York
Assault charges are defensible. The prosecution must prove every element of the charge beyond a reasonable doubt — and there are many points where a skilled defense attorney can challenge that burden.
Self-Defense and Defense of Others
New York law recognizes the right to use physical force to defend yourself or another person when you reasonably believe that force is being used or about to be used against you. If the alleged assault occurred in a situation where you were protecting yourself or someone else, this is one of the most powerful defenses available.
Insufficient Evidence or Constitutional Violations
If evidence was obtained unlawfully — through an illegal search, coerced confession, or improper police procedure — we file motions to suppress it. Evidence that cannot be used by the prosecution weakens their case significantly.
Lack of Intent
Many assault charges require proof that the defendant acted intentionally or recklessly. If the physical contact was accidental, or if the prosecution cannot establish the required mental state, the charge may not hold.
False Accusation or Misidentification
Assault accusations frequently arise in the context of domestic disputes, neighbor conflicts, or bar incidents where accounts are conflicting and witnesses are unreliable. We investigate thoroughly — reviewing surveillance footage, interviewing witnesses, and challenging the credibility of the accusation.
Assault Charges and Immigration — A Critical Warning
• Assault is frequently classified as a crime of violence under immigration law
• A single assault conviction can trigger mandatory deportation proceedings
• Even a plea to a reduced charge may count as a conviction for immigration purposes
• These consequences apply regardless of how long you have lived in the United States
Knutson Law practices both criminal defense and immigration law. When we defend an assault case, we evaluate every potential outcome through both lenses simultaneously — including the immigration consequences of any plea deal before it is accepted.
What Happens After an Assault Arrest in New York
Step 1 — Arrest and Processing
You are taken to a precinct, fingerprinted, and processed. Do not answer questions. Say: "I want a lawyer."
Step 2 — Arraignment
Within 24–48 hours, a judge reads the charges and sets bail. At arraignment, an attorney can argue for release on your own recognizance or reduced bail—keeping you out of custody while the case proceeds.
Step 3 — Case Investigation
Your attorney reviews all prosecution evidence, investigates the facts independently, identifies constitutional violations, and builds the defense strategy. This is where the case is won or lost.
Step 4 — Negotiation or Trial
Depending on the evidence, your attorney negotiates with the prosecutor for a reduction or dismissal, or takes the case to trial. Many assault cases resolve before trial through skilled negotiation.
Why Choose Knutson Law for Assault Defense
• Bilingual representation in Russian and English — full communication in your language throughout the case
• Direct attorney access — Yana Knutson works personally on every case she accepts
• Criminal defense and immigration law combined — your defense accounts for immigration consequences from day one
• Over 13 years of law experience in New York State courts
• Reachable by phone, email, and WhatsApp
Frequently Asked Questions
Q: What are the degrees of assault in New York?
A: New York has three degrees of assault. Third-degree assault is a misdemeanor, punishable by up to one year in jail. Second-degree assault is a felony carrying up to 7 years. First-degree assault is a violent felony carrying up to 25 years in prison.
Q: Can assault charges be dropped in New York?
A: Yes. Assault charges can be reduced or dismissed through negotiation, evidentiary challenges, or by demonstrating self-defense, lack of intent, or credibility issues with the alleged victim. An experienced attorney can evaluate which strategy applies to your case.
Q: What is the difference between assault and battery in New York?
A: New York does not use the term "battery" — all physical offenses are charged under the assault statute. Assault in New York can include both attempted and completed physical contact, as well as placing someone in fear of physical injury.
Q: Can an assault conviction affect my immigration status?
A: Yes. Assault convictions — including misdemeanor assault — can be classified as crimes involving moral turpitude or crimes of violence under immigration law, triggering deportation or inadmissibility. If you are not a U.S. citizen, call Knutson Law immediately: 631-805-6601.
Q: What defenses are available for assault charges in New York?
A: Common defenses include self-defense or defense of others, lack of intent, false accusation, misidentification, insufficient evidence, and constitutional violations in how evidence was obtained.
Q: Do you represent Russian-speaking clients in assault cases?
A: Yes. Attorney Yana Knutson provides full representation in Russian for clients charged with assault in New York. Call or WhatsApp: 631-805-6601.
The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different. Contact us for a consultation specific to your situation.