Legal Question in Criminal Law in New York

acting in self defense after being assulted

I was arrested for assault 2nd degree. In NY, if I want to plead self defense, is it up to the DA to prove that I ''did not'' act in self defense, is the burden of proof on the DA?


Asked on 1/04/09, 11:16 am

5 Answers from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Re: acting in self defense after being assulted

Although it is true that self defense is a simple defense and the burden is on the people, a jury is going to want to hear from you and in Nassau County will take everything you say with a grain of salt. You need an experienced attorney who can assist you.

YOU MUST GET AN ATTORNEY NOW! The attorney does not have to be from Nassau, it does not hurt but any experienced attorney can assist you in this matter. If you have one, call them today, if not you can call my office for a consultation at 516.746.4747 or e-mail me a [email protected].

Joel R. Salinger, Esq.

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Answered on 1/05/09, 1:30 am
Steven Czik CZIK LAW PLLC

Re: acting in self defense after being assulted

Yes but it is highly advisable that you retain an experienced attorney to defend you and properly represent your interests in court. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 1/08/09, 3:43 pm
Robert Evans Robert S. Evans esq.

Re: acting in self defense after being assulted

Self defense or justification is a defense. To ultilize that defense you most likely will have to take the stand,unless you have independent witnesses, that may prove tricky. I suggest you retain competent counsel,an experienced criminal defense attorney ASAP. You may contact my office @7188340087 for a phone consultation.

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Answered on 1/05/09, 12:04 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: acting in self defense after being assulted

You must consult your attorney asap, if you do not have one then you must hire one asap. While generally making a claim of self defense does put the burden on the prosecution it is not a particularly difficult burden to meet. While, an attorney could use that information to better protect you long before any trial. If you need assistance on this matter you may contact us at 2127098303

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Answered on 1/04/09, 11:30 am
Robert Reuland Law Offices of Robert C. Reuland, P.C.

Re: acting in self defense after being assulted

Self defense (really "justification") is an "ordinary" defense which, if raised by you, does not require you to prove it at trial; if raised the burden will be on the People to disprove justification beyond a reasonable doubt. Good luck.

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Answered on 1/04/09, 11:55 am


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