Assault & Battery Attorney in New York

Assault occurs when the perpetrator causes another person physical harm. The severity of the injury and the defendant's intent to cause harm plays a role in the degree the assault is classified as.

• Third-degree, or simple, assault is when the assailant causes harm intentionally — for example, someone punching another person in a brawl.
• Second-degree assault occurs when an assailant either intends to cause serious harm or actually does so. Second-degree assault doesn’t require serious harm — only the intention to commit it. While third-degree assault is a misdemeanor, second-degree assault is a Class D felony that carries a mandatory sentence.
• First-degree assault involves a deadly weapon or carries the deliberate intent to disfigure or amputate. The minimum sentence for this felony charge is five years in a state prison.

Regardless of a criminal conviction, victims can sue assailants in civil court to recover damages. In fact, the standard of proof is lower in civil court, making it easier for you to receive justice after an attack.

Assault and battery lawsuits are torts that place the burden of proof on the plaintiff to show that there was intent. You must also be able to prove that the defendant made physical contact with you. A good attorney will gather evidence demonstrating proof of both intent and physical contact. This includes police reports, eyewitness testimonies, and surveillance video. Moreover, lawyers may use expert witnesses to establish the lasting trauma that victims may experience after a physical attack.

If you’ve experienced assault in New York City, contact Morgan & Morgan immediately. Our assault attorneys understand how devastating these events can be and will handle your case personally. With more than 1,000 attorneys nationwide and billions of dollars recovered, we have the resources necessary to provide you with the best service possible. At Morgan & Morgan, we pride ourselves on transparency. You’ll get access to 24/7 open communication via our mobile app as well as a full team of lawyers and legal staff. And we never charge by the hour — we get paid only if we win.

Don’t go through this alone — we’re ready to fight for the compensation and justice you deserve. More than 100,000 clients trust Morgan & Morgan. Fill out a no-cost case evaluation form today to speak to one of our experienced New York City assault attorneys.