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The Law Office of Yifei He, PLLC

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New York, NY 10004

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Assault & Battery
Criminal Defense in Manhattan, NY

Being charged with assault & battery in Manhattan is a serious matter that can lead to severe outcomes. Whether the incident was a misunderstanding, self-defense, or an unfair accusation, the reality is that prosecutors take these charges seriously and will work aggressively to convict you.

If you’re facing assault charges, you don’t have to navigate the legal system alone. Our experienced assault lawyer will challenge the prosecution’s case, and build a strong defense. Protecting your future starts here.

criminal defense lawyer in new york

Don’t lose hope—you have rights, options, and a future worth protecting. The legal system provides opportunities to defend yourself, challenge the charges, and work toward the best possible outcome. Whether it’s negotiating a reduced charge, pursuing a dismissal, or fighting the case in court, an experienced assault attorney can guide you through the process. Remember, an arrest is not a conviction, and you are innocent until proven guilty. Stay calm, exercise your right to remain silent, and seek legal representation immediately to protect your rights and secure your future.

Let's Start Building Your Defense
Call our Manhattan Criminal Defense Law Office at
1-917-338-7678 For a FREE Consultation.

Is There a Difference Between
Assault & Battery in New York?

Unlike some states that separate assault and battery, New York law does not recognize battery as a separate charge. Instead, assault charges cover both physical harm and attempted harm.


Here’s what you need to know:

  • Assault in the Third Degree (NY Penal Law § 120.00) – A misdemeanor charge where someone intentionally causes physical injury to another person. This could result in up to one year in jail and fines.
  • Assault in the Second Degree (NY Penal Law § 120.05) – A felony charge that involves causing serious injury, using a weapon, or attacking certain protected individuals like police officers, paramedics, or transit workers. Convictions can lead to up to 7 years in prison.
  • Assault in the First Degree (NY Penal Law § 120.10) – The most serious assault charge, involving intent to cause serious harm with a deadly weapon or extreme recklessness. This is a Class B felony, punishable by up to 25 years in prison. Learn more about assault with a deadly weapon charges here.

    • So you may be asking, "is hiring a lawyer neccessary even if my charge is only a midsdemeanor?" Whether you were charged with a misdemenor or felony assault in NYC, a strong defense it still a must if you want to avoid jail time all together or try to get the best outcome and lessen penalties overall.

    Common Situations That Lead to Assault Charges in Manhattan

    We see a lot of commonalities when it comes to an assault charges, and we know how to defend them:


  • Bar Fights & Street Altercations – A night out in Manhattan can quickly turn into an arrest if a heated argument turns physical. Even if you were defending yourself, you could still be charged.
  • Domestic Disputes – Arguments between partners, family members, or roommates sometimes escalate into physical altercations, leading to assault charges even if no serious harm occurred.
  • Defending Yourself or Others – You have the right to self-defense, but if the police believe you used excessive force, you could face criminal charges.
  • Misidentification & False Accusations – In chaotic situations, it’s not uncommon for the wrong person to be arrested based on a misunderstanding or false report.
  • Weapons-Related Assaults – If a weapon was involved in a confrontation—even something as simple as a broken beer bottle or a thrown object—the charge can be elevated to a felony.

    • Mistakes NOT To Make If You're Arrested for Assault

    Whether it's here in the Financial District, Tribeca, Battery Park, or anywhere in Lower Manhattan, many people don’t know their rights when they’re arrested. By not making these mistakes you will protect your rights and your future


  • Explaining yourself or making statements to the police. Anything you say can be used against you.
  • Resisting arrest, even if the charges are false, resisting can lead to additional charges.
  • Not calling a lawyer as soon as possible. The sooner we can start building your defense, the better your chances of avoiding conviction.
  • Not gathering evidence. If possible, identify witnesses, video footage, or any proof that can support your case. If you hire an assault lawyer right after being arrested, they will act quickly to gather all evidence needed.

    • How Yifei He Fights Assault Charges in Manhattan

    If you’re facing assault charges, a well prepared defense strategy will challenge the prosecution’s evidence.


  • Prove Self-Defense – If you were protecting yourself or someone else, we will gather witness statements, video footage, and expert testimony to prove your case.
  • Challenge Weak Evidence – Assault cases often rely on conflicting accounts. If there’s no clear proof of your guilt, you assault lawyer will fight to have the charges reduced or dismissed.
  • Expose Police Errors – Were you arrested without cause? Was there an unlawful search? We will challenge any violations of your rights to get the charges dropped.
  • Negotiate for Lesser Charges – In some cases, we can reduce a felony charge to a misdemeanor or negotiate probation instead of jail time.
  • Build a Strong Trial Defense – If your case goes to trial, we will aggressively challenge the prosecution and fight for the best possible outcome.

    • Charged with Assault in Lower Manhattan? Let's Talk

    Assault charges can turn your life upside down, but you don’t have to face this alone. We understand that mistakes happen, self-defense is real, and false accusations are common—and our assault lawyer is here to fight for you.

    Your first consultation is FREE 917-338-7678  to schedule an appointment.
    Or, if you prefer, we can be reached online via our contact form.

    Commonly Asked Questions About Assault & Battery

    Yes. In New York, even attempting to harm someone can lead to an assault charge. If you swung at someone and missed or made a credible threat, you could still face legal consequences.

    Penalties vary based on the severity of the charge. Misdemeanor assault can lead to up to a year in jail, while felony assault can result in years in prison and a permanent criminal record.

    Yes. If you were protecting yourself or someone else, you have the right to use reasonable force. However, the prosecution may argue that you used excessive force, which is why you need a strong legal defense.

    A lawyer can challenge weak evidence, question witness credibility, and argue for self-defense. I also work to reduce charges, negotiate plea deals, or fight for a full dismissal.

    Not necessarily. Some plea deals are in your best interest, while others can hurt your future. Always consult with a lawyer before accepting any deal.

    The Law Office of Yifei He, PLLC Schedule A Consultation

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    32 Broadway
    New York, NY 10004

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