Assault with a Deadly Weapon Encompasses Bad News and Interesting Facts

Assault with a deadly weapon is a disastrous charge, but it does not guarantee extensive jail time. A Criminal Attorney in Mahopac NY can work the system and downgrade the charge to something more manageable. There are some stipulations involved in this charge that could make or break a case.

How are the consequences assessed?

The severity of the weapon used (with the exception of a gun) is not assessed in the assault with a deadly weapon charge. In other words, a knife is on the same plane as a large stick. A bottle is just as nefarious as a rock or closed fist. The consequence for the individual will not vary depending on the weapon. It will vary based on the injury.

Can the person injured drop the charges?

It is possible to get the charges dropped in an assault with a deadly weapon. The individual injured can drop charges, but it is not common. In many scenarios, the law will enforce it regardless. In no situation is this more prevalent than in domestic cases. The Northeast, particularly New York and Massachusetts, have a law about dropping charges in a domestic assault. In Massachusetts, it is not possible to drop an assault with a deadly weapon on the grounds of a domestic assault. In New York, it is extremely unlikely and very rare. The bottom line is that a person charged in this scenario will need the representation of a Criminal Attorney in Mahopac NY. There is little grace from the court of law for individuals who use a deadly weapon in a domestic environment, and that can have awful repercussions.

What is the first goal?

A criminal attorney will generally take one clear approach in this type of case. The case may initially be labeled as assault with a deadly weapon. The goal of the attorney is to try to reduce that to a simple assault or misdemeanor assault. Both of these charges include a hit with a closed fist or mild weapon (utensil, rock, etc.).

Visit the Website for more on this type of charge as well as many other crimes in New York. Schedule a prompt meeting with a local lawyer, and find someone that truly understands the dynamics of criminal law.

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