Accidental Assault In Rockland County: Will I Still Go To Jail?
Intent is an important element of assault in New York. As a result, you shouldn’t face needless consequences for an accident that someone else interpreted as assault. No matter what someone thought you did, the truth is that accidental physical contact is not assault. But how do you prove that what happened was an accident? Can an experienced assault defense attorney in Rockland County help with this?
Understanding the Elements of Assault in New York
In New York, prosecutors must establish various “elements” in order to convict you of assault. The first of these elements is “intent to cause physical injury.” In other words, you cannot face penalties for something purely accidental in nature.
You Can Still Face Penalties for Reckless or Negligent Accidents
That being said, you may also face assault in the third degree for reckless or negligent accidents. Even if you never intended to cause physical injury to another person, reckless and negligent misconduct can lead to assault charges in New York.
For example, you might have been sprinting down a sidewalk while swinging two baseball bats through the air. Although you might not have intended to strike someone in the face when you ran around a corner, courts may interpret this as assault because of the reckless, negligent nature of your conduct. In other words, you should have known better, and you should not have been doing something so dangerous.
Examples of Accidental Assault in New York
That being said, some accidents should not lead to assault charges in New York. For example, you might have been walking behind someone when you tripped on a curb. If you fell into that person’s back, they might accuse you of intentionally shoving them. However, you could point out that your accident was purely accidental, and that you had no intention of intentionally assaulting the individual. Video surveillance and other evidence can help corroborate your claims, showing that you tripped in an accidental manner.
Even if the accident occurred during a heated altercation, you should not face assault charges for accidental physical contact. For example, you might have exited your vehicle to engage in a verbal altercation with someone. At the precise moment you pointed to the damage to your vehicle, the other driver might have walked into your moving arm. The resulting injuries should not lead to assault charges because the physical contact was accidental, regardless of the heated nature of the verbal exchange.
Can a Rockland County Assault Defense Attorney Help Me?
A Rockland County assault defense attorney may be able to help if you face charges due to a simple misunderstanding. Whether you fell onto someone or accidentally struck someone with a thrown item, you can pursue positive outcomes by proving that it was an accident. That being said, the lack of intent is not the only assault defense strategy worth considering. Contact Phillip J. Murphy, Attorney at Law to discuss your next steps in more detail.
Source:
nysenate.gov/legislation/laws/PEN/120.00
