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The handcuffs click shut. The police car door closes. In an instant, a heated argument at a bar in Astoria or a misunderstanding with a neighbor in Forest Hills transforms into a life-altering legal crisis.
You are likely feeling overwhelmed. The confusion of the arrest process, the fear of a criminal record, and the stress of potential jail time are heavy burdens to carry alone. I understand that good people often find themselves in bad situations. Whether you were acting in self-defense or simply in the wrong place at the wrong time, you deserve a defense team that listens to you and fights for your future.
As an experienced criminal defense lawyer, I know that an arrest is just the beginning of the story, and I am here to help you write the ending.
The Immediate Aftermath: Central Booking vs. Desk Appearance Tickets
Once the police process your arrest at a local precinct, your path generally splits in two directions depending on the severity of the allegations and your criminal history.
Desk Appearance Ticket (DAT)
For many misdemeanor assault charges (Assault in the 3rd Degree), the police may issue a desk appearance ticket (DAT). A DAT looks like a traffic ticket, but it is far more serious. It requires you to appear at the Queens Criminal Court on a specific date for your arraignment. Do not mistake your release for a dismissal. You still face criminal charges that require a strong legal strategy.
Central Booking
If the charges are more severe, involve domestic violence, or if other factors apply, the police will transport you to Central Booking. You may spend up to 24 hours in custody before seeing a judge. This waiting period is stressful and exhausting. I recommend having a family member contact our law firm immediately so I can be ready to meet you at your arraignment.
What Happens at the Arraignment?
The arraignment is the first time you stand before a judge. It is a critical moment. The prosecutor (Assistant District Attorney) will formally announce the charges against you and may request bail.
In New York, recent bail reform laws require “release on recognizance” (ROR) for many misdemeanor and non-violent felony charges. Release on recognizance means you can go home without paying bail while your case proceeds. But this is not guaranteed for everyone. If you face a “qualifying offense”, such as a violent felony like Assault in the Second Degree, the judge is authorized to set cash bail or remand you to custody.
The judge may also issue an order of protection. A “full” order means you must stay completely away from the accuser. A “limited” order allows contact but prohibits any harassment or offensive behavior. Violating this order is a separate crime (criminal contempt), so it is vital to understand precisely what the judge requires of you.
Understanding the Charges: It Is Not Just a Fistfight
New York law separates assault into degrees based on two main factors: the intent of the actor and the severity of the injury.
Assault in the Third Degree (Misdemeanor)
Assault in the Third Degree is the most common assault charge. Under NY Penal Law § 120.00, a person is guilty if they intentionally cause “physical injury” to another person. It is a Class A misdemeanor punishable by up to 364 days in jail.
Assault in the Second Degree (Felony)
Charges escalate to a felony if a weapon is used or if the victim suffers “serious physical injury.” A “serious” injury creates a substantial risk of death or causes protracted disfigurement or impairment of health. Assault in the Second Degree is a Class D violent felony. A conviction can lead to a mandatory state prison sentence, even for a first-time offender.
The “Physical Injury” Defense
One of the most specific aspects of New York assault law is the definition of “physical injury.” The law defines it as “impairment of physical condition or substantial pain.” This definition gives us room to fight. A minor scrap, a push, or a slap that causes fleeting pain might not meet the legal threshold for “physical injury.” We scrutinize medical records and witness statements to determine if the prosecution can actually prove this element. If the injury does not meet the statutory definition, I can move to have the charges dismissed or reduced to a non-criminal violation, such as harassment.
Defenses We Can Explore
I do not just look at the charges; I look at the context and ask the questions the police might have skipped.
- Justification (Self-Defense): Under NY law, you are allowed to use physical force to defend yourself if you reasonably believe another person is using or about to use unlawful physical force against you. If you were protecting yourself, your actions may be legally justified
- Lack of Intent: Accidents happen. If the injury was accidental and not reckless, it may not constitute a crime
- False Accusations: In the heat of a domestic dispute or a bar fight, people sometimes exaggerate or lie. Our legal team will investigate the accuser’s credibility
Why Choose Private Counsel?
Public defenders are dedicated professionals, but they are often overwhelmed with massive caseloads. They may not have the time to sit with you, hear your whole story, or explain every detail of the process.
Our criminal defense law firm distinguishes itself by giving you the time you need. We are very consoling and empathetic because we know how scary this is for you. We treat you like a person, not a file number. I fight for you, whether that means negotiating a favorable plea deal or taking your case all the way to trial. Our experienced legal staff focuses on customer service and ensures you never feel left in the dark.
Let Us Fight For Your Future
An assault arrest does not have to ruin your life, but you need to act fast to protect your rights.
If you or a loved one has been arrested in Queens, Islip, or anywhere in the New York area, contact the Law Office of Michael A. Schillinger, ESQ today. Our defense team is ready to stand by your side.
Contact our office today at 631-646-2282 (Islip, NY) or 971-385-5582 (Astoria, NY).
