Assault Defense Lawyer in Kew Gardens, NY

---

If you are facing an assault charge in Kew Gardens or elsewhere in Queens, the decisions you make in the first few days can affect how the rest of your case unfolds. Addabbo & Greenberg Law has represented clients in New York criminal courts for decades, and the facts of your case, the available evidence, and the specific charge level all play a role in how a defense is built.

Assault charges range from misdemeanors to serious violent felonies under New York law, and prosecutors in Queens pursue these cases seriously. Understanding what you are facing and talking through your situation with someone who has handled these cases before can help you make informed decisions early on.

Call 718-268-0400 for a free initial phone consultation, or contact Addabbo & Greenberg Law online to discuss the allegations against you.

Criminal Defense Experience That Matters in Assault Cases

For anyone searching for a criminal defense attorney in Kew Gardens, NY, the background behind the recommendation matters as much as the recommendation itself. At Addabbo & Greenberg Law, attorney Todd D. Greenberg previously served as an Assistant District Attorney in the Queens County District Attorney's Office before moving into criminal defense, and his published attorney biography describes extensive jury trial work, including serving as lead counsel in a large number of felony trials. Attorney Dominic L. Addabbo also previously served as an Assistant District Attorney in Queens County and became a partner at the firm in 1983.

That prosecutorial background gives both attorneys direct insight into how the state builds assault cases, which can be useful when identifying weaknesses in the evidence or the charging decision. The firm has also published results from assault-related matters, including a jury acquittal and a case dismissal, which are discussed further below. A free initial phone consultation is available to anyone who wants to discuss a pending or potential assault charge.

You can meet the attorneys at Addabbo & Greenberg Law to review their backgrounds in more detail.

What to Know When Facing an Assault Charge in Kew Gardens

An assault allegation, an arrest, or a police investigation raises a lot of questions at once, and it helps to understand a few basics before making significant decisions. These considerations apply broadly, though the specifics of any case depend on its own facts.

• Your statements to police can matter later. What you say during an arrest, an interview, or even a casual conversation with an officer can become part of the record against you. You have the right to remain silent, and exercising that right while you sort out your next steps is not an admission of guilt.
• Evidence can be time-sensitive. Witness accounts, available video footage, text messages, and medical records can all become harder to locate or preserve as time passes. Understanding what evidence exists, and what it shows, is often one of the first steps in evaluating a case.
• The charge level affects what is at stake. Assault charges in New York are not all treated the same way. Whether an allegation is charged as a misdemeanor or a felony depends on factors such as the injury alleged, whether a weapon was involved, and who the alleged victim is. This is one reason many people start by looking for a criminal defense attorney in Kew Gardens, NY soon after an arrest, rather than waiting to see how the case develops on its own.
• A conviction can have consequences beyond the courtroom. Depending on the offense and the circumstances, a conviction may affect employment, immigration status, professional licensing, or the ability to possess a firearm. These potential consequences are worth understanding early, even before a case reaches trial.

Reviewing these issues with someone familiar with Queens criminal courts does not guarantee a particular result, but it can help you understand the process and the choices ahead of you.

Understanding Assault Charges Under New York Law

New York's assault statutes are organized by degree, and the applicable degree depends on the specific facts alleged, including the extent of any injury, the presence of a weapon, and the intent involved. Because these distinctions affect everything from potential penalties to available defenses, many people searching for an assault defense lawyer in Kew Gardens, NY want to understand which category applies before deciding on next steps. Article 120 of the New York Penal Law sets out the current statutory framework.

Assault in the Third Degree

Third-degree assault generally involves intentionally causing physical injury to another person, recklessly causing physical injury, or causing physical injury through criminal negligence involving a deadly weapon or dangerous instrument.

Assault in the Second Degree

Second-degree assault covers several distinct statutory circumstances, which may involve causing serious physical injury, acting with intent to prevent a public servant from performing a lawful duty, or using a weapon during the incident. Because this offense can be charged under more than one legal theory, the specific circumstances alleged matter a great deal in how the case is evaluated.

Assault in the First Degree

First-degree assault covers several specific statutory circumstances, including intentionally causing serious physical injury with a deadly weapon or dangerous instrument; causing serious and permanent disfigurement or permanently destroying, amputating, or disabling a body part or organ; causing serious physical injury through reckless conduct that creates a grave risk of death under circumstances showing depraved indifference to human life; or causing serious physical injury during certain felony-related conduct. The applicable statutory subsection and facts alleged determine whether this charge applies.

Misdemeanor and Felony Assault Charges

Whether an assault charge is ultimately treated as a misdemeanor or a felony depends on the degree charged and the facts alleged. Current New York law and the specific circumstances of the case determine the applicable classification and potential penalties, so it is worth confirming this information against the actual charging documents in any individual matter.

Potential Defense Considerations in an Assault Case

Whether a particular defense applies depends entirely on the facts of the case and the applicable law. Some issues that commonly warrant evaluation include the following.

• Self-defense or defense of another person: New York law recognizes the right to use physical force when a person reasonably believes it is necessary to prevent imminent harm to themselves or someone else. Whether this applies depends on the specific sequence of events and the information available at the time.
• Whether the evidence supports the charged offense: Prosecutors must establish each legal element of the charge. If the available evidence does not clearly support one or more of those elements, that gap may be significant to the case.
• Disputed witness accounts: Witness statements do not always align, and inconsistencies or credibility issues can affect how a case is evaluated.
• Mistaken identity: In some cases, questions exist about whether the person charged was actually involved in the incident.
• Available video, photographs, or medical records: Surveillance footage, photos, and medical documentation can support or contradict the allegations, depending on what they show.
• How evidence was obtained: Issues with how police collected evidence or conducted an investigation can sometimes affect whether that evidence is admissible in court.

None of these considerations automatically apply to every case, and identifying which ones are relevant requires a review of the specific facts involved.

How an Assault Defense Attorney Can Help

Addabbo & Greenberg Law reviews the allegations, examines the available evidence, and identifies the legal issues that may affect the direction of a case. This can include requesting and reviewing police reports, witness statements, and any available video or medical records, as well as evaluating whether evidence was properly obtained.

Depending on the circumstances, this review may lead to discussions with prosecutors about the charges, or it may lead to preparation for trial. The appropriate path depends on the facts of the case, the strength of the evidence, and the client's own goals.

An assault defense lawyer in Kew Gardens, NY can review how the allegations align with the available evidence and explain potential next steps based on the facts and applicable law.

Discuss the allegations, the available evidence, and the potential next steps in your case with Addabbo & Greenberg Law. Call 718-268-0400 to arrange a free initial phone consultation.

Why Consider Addabbo & Greenberg Law for Assault Defense?

Addabbo & Greenberg Law's criminal defense practice is built on the former prosecutorial experience of attorneys Todd D. Greenberg and Dominic L. Addabbo, both of whom previously worked in the Queens County District Attorney's Office before representing defendants. That background, paired with documented jury trial experience, is part of why people continue to search for a criminal defense attorney in Kew Gardens, NY with a working knowledge of how Queens cases are actually prosecuted.

The firm has published case results involving assault-related charges, discussed in more detail below, and maintains a presence in the Queens legal community. A free initial phone consultation is available for anyone who wants to discuss an assault allegation, whether charges have already been filed or an investigation is still underway.

Published Assault Defense Case Results

The following are case results that Addabbo & Greenberg Law has published on its website. Each case involved its own specific facts, evidence, and legal issues, and none of these outcomes should be read as a prediction of how a different case will be resolved.

In one matter, a client charged with assault and reckless endangerment of a New York City police officer was acquitted of all charges following a jury trial. In another, assault charges against a client were dismissed after the firm identified that the prosecution had failed to comply with strict procedural requirements under the Criminal Procedure Law. In a third case, the client was found not guilty of assault and criminal obstruction of breathing or blood circulation, but guilty of a harassment violation.

These results reflect the specific facts and legal issues present in each case. The outcome of any future case depends on its own circumstances.

What Happens When You Contact an Assault Defense Lawyer in Kew Gardens, NY?

Reaching out for the first time does not have to be complicated. Here is a general idea of how the process typically begins.

• Step 1: Contact the firm. Call 718-268-0400 or use the contact page to reach Addabbo & Greenberg Law directly.
• Step 2: Discuss the allegations. The initial conversation gives you a chance to explain the general circumstances of your situation and ask questions about the process ahead.
• Step 3: Evaluate the available information. From there, the attorney can review what is known about the allegations, the evidence, and any potential legal issues, subject to the scope of the engagement.
• Step 4: Discuss potential next steps. Depending on the case, this might involve further evidence review, discussions with prosecutors, or preparation for court proceedings. Not every matter follows the same path, and no particular outcome or timeline can be promised in advance.

Frequently Asked Questions About Assault Charges in Kew Gardens, NY

Assault Defense Representation for People in Kew Gardens and Queens

Kew Gardens is home to Queens County Criminal Court, located at 125-01 Queens Boulevard, where many criminal matters arising in the area are heard. You can review official Queens Criminal Court information for additional details about this courthouse.

Addabbo & Greenberg Law's office is located in Forest Hills, a short distance from the Kew Gardens courthouse, and the firm has represented clients throughout Queens, including Jamaica, South Ozone Park, Richmond Hill, Rego Park, Woodhaven, and Ozone Park. For readers interested in the firm's broader criminal defense practice, the page on criminal defense representation in Kew Gardens covers additional charge types beyond assault, and for a wider discussion of related offenses, the firm's page on assault, threats, and domestic violence defense addresses how these charges are handled more broadly across Queens. Anyone searching for a criminal defense attorney in Kew Gardens, NY who understands this local court system can review either page alongside this one.

Related Resources

• Our client charged with Assault and Reckless Endangerment of a New York City Police Officer was acquitted of all charges in a jury trial — A published case result describing a jury acquittal on assault-related charges.
• Assault Charges Dismissed: District Attorney Failed to comply with strict requirements of Criminal Procedure Law — A published case result involving the dismissal of assault charges following a procedural issue.
• Acquitted of Domestic Violence Crimes in Queens County Trial — A published case result reporting not-guilty findings on assault and criminal obstruction of breathing or blood circulation charges, alongside a guilty finding on a harassment violation.

For general criminal defense information beyond assault matters, you can also review the firm's criminal defense services in New York overview page.

Discuss Your Assault Charge With Addabbo & Greenberg Law

Facing an assault allegation is stressful, and having a clearer picture of the process, the applicable law, and your options can make the path forward easier to navigate. If you or a family member is dealing with an assault charge in Kew Gardens or elsewhere in Queens, discussing the specific facts of your case with an attorney is a reasonable next step.

Call Addabbo & Greenberg Law at 718-268-0400 or use the contact page to request a free initial phone consultation.