Assault Attorney in Queens

Aggressive Defense Against Assault Charges in New York

An assault arrest can put your freedom, your record, and your family relationships at risk. You may be trying to make sense of what happened at the precinct or in court and wondering what will come next. In this moment, you need clear information and an assault lawyer in Queens who understands these cases and these courts.

I am Sean A. McNichols, the attorney behind Sean A. McNicholas, P.C.. I have spent more than 25 years in criminal law, including years as a prosecutor in Queens County before opening my own defense practice. Today, my work is focused on defending people charged with crimes, including assault, in the Queens courts.

When you work with me, you work directly with the lawyer who will be standing next to you in Queens Criminal Court or Supreme Court. I personally handle every stage of a case, from the first conversation through the final outcome. I offer a free initial consultation so you can ask questions, understand your options, and decide whether I am the right assault lawyer in Queens for you.

Work with a Queens assault defense lawyer who has 25+ years of experience fighting in the local court system. At Sean A. McNicholas, P.C., I personally handle every case to ensure you get the best possible outcome. Contact me today at (475) 471-1971 or through my contact form for a free initial consultation.

Understanding Assault Laws in New York

Assault charges in New York are governed by Article 120 of the Penal Law. These statutes are complex and are categorized into degrees based on the severity of the alleged injury, the intent of the actor, and whether a weapon was involved. Navigating these distinctions is critical, as they mean the difference between a misdemeanor and a violent felony.

Assault in the Third Degree

This is a Class A misdemeanor and the most common assault charge. It typically involves intentionally or recklessly causing "physical injury" to another person. In New York, "physical injury" is defined as substantial pain or impairment of physical condition. While it is the least severe of the charges, it still carries a permanent criminal record and potential jail time.

Assault in the Second Degree

This is a Class D violent felony. It often applies if the state alleges:

• You intended to cause "serious physical injury" and did so.
• You caused physical injury by means of a deadly weapon or dangerous instrument (such as a knife, a bat, or even a vehicle).
• You caused injury to a protected professional, such as a police officer, EMT, or firefighter, while they were performing their duties.

Assault in the First Degree

This is a Class B violent felony and the most serious assault charge. It is prosecuted when the state alleges you intentionally caused "serious physical injury" by means of a deadly weapon, or if you caused such injury with a "depraved indifference to human life." This charge carries mandatory prison sentences and represents the highest level of legal jeopardy.

Every assault case is fact-specific. The same statute can be applied very differently, depending on what the evidence actually shows and how the events are described by each side. That is why I take the time to go beyond the charge itself and look closely at the underlying events.

 In some situations, an argument between family members or people in a close relationship may be handled as a domestic violence-related matter, which can bring additional conditions such as specialized programs and more restrictive orders of protection.

As a Queens assault defense lawyer, I also defend related charges such as Menacing, Reckless Endangerment, and Gang Assault. I meticulously analyze the specific statutes cited in your paperwork to ensure the prosecution is not overcharging you.

Penalties of Assault Convictions in Queens

New York is particularly harsh on those convicted of violent crimes. I work tirelessly to help my clients avoid the devastating outcomes associated with these charges:

• Incarceration: A misdemeanor conviction can lead to up to one year in the NYC Department of Correction (Rikers Island). Felony convictions carry mandatory minimums; a First-Degree Assault conviction carries a mandatory minimum of 5 years and a maximum of 25 years in state prison.
• Orders of Protection: The court will almost certainly issue an Order of Protection, which can bar you from your own home, prevent you from seeing your children, and lead to additional criminal charges if even minor contact occurs.
• Permanent Criminal Record: Assault is a "violent" offense in New York. A conviction can make it impossible to secure housing, obtain professional licenses, or find employment in many fields.
• Civil Liability: A criminal conviction can be used against you in a civil lawsuit, where the victim may seek hundreds of thousands of dollars in damages for medical bills and pain and suffering.
• Firearm Rights: Any felony conviction, and certain misdemeanor assault convictions, result in the permanent loss of your right to own or possess a firearm.

What Happens After An Assault Arrest In Queens

Facing an assault charge in Queens can feel overwhelming, but understanding what happens after an arrest can help reduce fear and clarify your options. While each case is unique, most follow a general process that includes arraignment, court appearances, and evidence review.

Typical Steps After an Assault Arrest in Queens

• Arrest and Booking: You will be taken to a precinct, processed, and brought to the Kew Gardens courthouse.
• Arraignment: Judge reviews the complaint, sets bail or release conditions, and may issue an order of protection.
• Charge Assessment: Assault may be a misdemeanor or felony; court assignment depends on severity and prior record.
• First Appearance Guidance: Avoid self-incrimination; as your assault attorney in Queens, I review the complaint and identify potential issues.
• Case Preparation: Conferences, motions, and discovery of evidence, including police reports, witness statements, and videos. I use this phase to obtain and review police reports, witness statements, and any video or digital evidence that may exist.

Understanding the post-arrest process empowers you to make informed decisions and reduces unnecessary stress. With experienced legal guidance, you can navigate arraignments, evidence review, and court procedures confidently. 

Whether you seek help immediately or after your first court appearance, early involvement allows me to build a strong, focused defense aimed at protecting your future, rights, and personal interests.

Why My Queens Assault Practice Is Different

When facing an assault charge in Queens, who represents you in court can profoundly impact your future, record, and personal life. My approach focuses on providing personalized, experienced guidance through a system that can feel confusing and impersonal. I aim to help clients navigate legal proceedings while protecting their rights, family stability, and employment, ensuring that every step of the process is clearly explained and strategically handled.

Before defending clients, I worked as a prosecutor in Queens County, gaining firsthand knowledge of how the District Attorney’s Office evaluates cases, reads police reports, and makes decisions about charges or plea offers. This experience allows me to assess both the strengths and weaknesses of a case from multiple perspectives, uncover gaps that may not be obvious, and identify opportunities to protect clients that others might overlook.

For more than 25 years, I have practiced in the same Queens courthouses where your case will be heard, including Kew Gardens. My focus on criminal defense in Queens County keeps me attuned to local procedures, policies, and courtroom realities that affect assault cases. Clients work directly with me at every stage, ensuring continuity, preparation, and support, while my background as an EMT has trained me to stay calm, listen carefully, and respond effectively in high-pressure situations.

How I Defend Assault Cases In Queens

Every assault case in Queens starts with understanding the story behind the charges. I prioritize hearing your account, then compare it to police reports, complaints, and prosecution materials to identify discrepancies that may matter in court. Issues like self-defense, mutual confrontation, the severity of injuries, and witness consistency are carefully analyzed, drawing on my experience as a former Queens prosecutor and years defending individuals accused of violent offenses.

Other cases focus on identification, intent, or context revealed through video or digital evidence. I develop strategies around the key themes in your situation and handle negotiations with prosecutors, using insight from my time on the other side to raise evidentiary concerns or discuss alternatives to serious charges. Clear communication is central—I explain court proceedings, realistic outcomes, and options, guiding you through decisions while standing beside you throughout the process.

If you have been charged with assault, some immediate steps can help protect you:

• Avoid discussing the incident with anyone other than your lawyer, including on social media or messaging apps.
• Preserve any potential evidence, such as text messages, photos, or video that may show what really happened.
• Follow any existing order of protection carefully, even if you disagree with it, and talk with me about legal ways to address it.

If you decide to hire an assault attorney in Queens, you should feel confident that the person you choose will know the local courts and will take your case personally. When we speak, I explain how I would approach your specific situation so that you can decide whether I am the right fit.

My Comprehensive Approach to Assault Defense

I do not take a "one-size-fits-all" approach to criminal defense. I personally handle every aspect of your case, ensuring you are never handed off to a junior associate or a paralegal.

• Former Prosecutor Advantage: Having prosecuted these very crimes, I know exactly where the state's case is likely to be weak. I anticipate their strategies and strike first.
• Self-Defense (Justification): Under Penal Law § 35.15, you are permitted to use physical force to defend yourself or another person from what you reasonably believe to be the imminent use of unlawful physical force. I meticulously build justification defenses to show you were not the aggressor.
• Medical Record Deconstruction: I work with medical experts to challenge the prosecution’s claims about the severity of injuries. If the "injury" doesn't match the law's requirement, the case cannot stand.

Talk To A Queens Assault Defense Lawyer Today

If you or someone you care about is facing an assault charge in Queens County, you do not have to try to navigate this alone. A single conversation can help you understand the process, your risks, and the choices in front of you. My goal is to give you clear, direct guidance so you can make informed decisions.

When you contact Sean A. McNicholas, P.C., you speak with me, not a call center. I draw on more than 25 years in criminal law, including my time as a Queens prosecutor, and I personally handle every case I accept. Your consultation is free, and there is no obligation to move forward if you decide my approach is not right for you.

To schedule your free consultation, call (475) 471-1971 or reach out online now.

Frequently Asked Questions

Will I Go To Jail For An Assault Charge In Queens?

Whether you face jail depends on the level of the charge, your record, and the facts of the case. Some people receive noncustodial outcomes, while others face real incarceration risk. I review your situation carefully so you understand the potential exposure before making decisions.

What Should I Do Right After An Assault Arrest?

The most important step is to stay quiet about the facts and ask for a lawyer. Do not discuss the incident with police, alleged victims, or friends. Preserve any texts, photos, or video, and contact my office quickly so I can begin protecting your rights.

How Can A Former Queens Prosecutor Help My Assault Case?

My years as a Queens prosecutor taught me how these cases are investigated, charged, and negotiated. I now use that insight to evaluate the strength of the evidence, anticipate the prosecutor’s approach, and look for weaknesses or alternatives that might not be obvious from the complaint.

Will You Personally Handle My Assault Case?

Yes. When you hire my firm, you hire me. I personally review your file, prepare you for each appearance, and stand beside you in court. You do not get passed off to a junior lawyer. If you have questions, you speak directly with me.

How Much Does It Cost To Hire You For An Assault Case?

Legal fees depend on the complexity of the case, the level of the charge, and how much work is required. I offer a free initial consultation, and during that conversation I explain my fee structure so you know what to expect before you make any commitment.