Brooklyn Assault Lawyer

Assault charges in Brooklyn range from a misdemeanor with up to one year of exposure to a violent felony carrying decades in state prison. Amel Spahija is a Brooklyn assault lawyer and former Assistant District Attorney who has charged, negotiated, and tried these cases from both sides. We defend clients facing every degree of assault under New York Penal Law Article 120, in both Brooklyn Criminal Court and Kings County Supreme Court. If you are facing this charge in Brooklyn, call 646-453-4001 for a free, confidential consultation, available 24 hours a day.

Brooklyn Assault Charges Explained

New York does not use the terms simple and aggravated assault. It uses degrees, and the degree controls everything:

PL §120.00, Assault in the Third Degree: Class A misdemeanor. Intentional, reckless, or negligent injury. Up to 1 year in jail.
PL §120.05, Assault in the Second Degree: Class D violent felony. Includes assault with a weapon, on a police officer, or causing serious physical injury. Up to 7 years in state prison.
PL §120.10, Assault in the First Degree: Class B violent felony. Serious physical injury with intent, by deadly weapon, or causing permanent disfigurement. Up to 25 years.
PL §120.14 and §120.15, Menacing: threatening conduct, with or without a weapon.
PL §120.20 and §120.25, Reckless Endangerment: conduct creating substantial risk of serious physical injury.

What Is at Stake

Felony assault convictions carry determinate state prison sentences, post release supervision, and a permanent violent felony record that affects employment, housing, immigration status, and future sentencing. Even a misdemeanor conviction creates a criminal record and almost always comes with an order of protection that can keep you out of your own home.

Defenses to Brooklyn Assault Charges

Self defense and justification under PL Article 35. New York allows reasonable force in defense of yourself, others, or your premises.
Lack of intent. Second and first degree assault require intent. Proving its absence can reduce or dismiss the charge.
Mistaken identification. Lineups, photo arrays, and show up procedures are often defective and can be suppressed after a Wade hearing.
Mutual combat. If both parties were fighting, or the complainant started it, the case changes dramatically.
Medical inconsistencies. We work with experts to compare the alleged injuries to the alleged conduct.
Video evidence. Brooklyn has extensive surveillance and bodycam coverage. We obtain and analyze every angle.

What Happens After the Arrest

Felony assault cases are arraigned in Brooklyn Criminal Court at 120 Schermerhorn Street and proceed to Kings County Supreme Court at 320 Jay Street for indictment, motions, and trial. The District Attorney must act quickly on felony complaints when a defendant is held, and the first 30 days shape everything: bail, orders of protection, discovery under CPL Article 245, and grand jury notice. We move fast to preserve video, interview witnesses, and lock in defenses before the prosecution controls the narrative.

Related Charges We Defend

Brooklyn cases rarely involve a single charge. Prosecutors stack counts, and this one often travels with weapons charges, domestic violence allegations and robbery. When a case carries several counts, the defense has to answer all of them at once rather than one at a time. You can see every charge we defend in Brooklyn or read how felony and misdemeanor levels differ.

Why a Former Prosecutor Matters

As a former Assistant District Attorney in Brooklyn and Staten Island, Amel Spahija evaluated cases exactly like yours from the other side of the table. He knows how the DA's office weighs the evidence, when it reduces charges, and where its cases break. Read about the former prosecutor advantage, then see our recent Brooklyn case results.

Frequently Asked Questions

What is the difference between simple and aggravated assault in Brooklyn?

New York uses degrees instead. Third degree is a misdemeanor. Second and first degree are felonies involving weapons, serious injury, or protected victims such as police officers.

Can an assault charge be reduced?

Yes. Felony assaults are routinely reduced to misdemeanors, and misdemeanors can sometimes be reduced to violations like disorderly conduct or harassment, depending on the facts and the defense.

What happens if my accuser does not show up?

The DA can subpoena the complainant and can sometimes proceed with video, 911 calls, and medical records. But complainant non cooperation significantly weakens most assault cases.

Will I get an order of protection against me?

Almost automatically in assault cases. Orders can be full stay away orders or limited orders. We fight for the least restrictive order possible at arraignment.

Free Consultation

The earlier we get involved, the more options exist. Call 646-453-4001 for a free consultation with a criminal defense lawyer in Brooklyn, or book 30 minutes with Amel directly.