Aggravated Assault

Rochester Aggravated Assault Defense

A Former Prosecutor Defending Serious Assault Charges

In New York, aggravated assault commonly describes serious allegations charged as assault in the second degree or assault in the first degree. Through Christopher K. Rodeman Attorney at Law, I represent people facing these charges in Rochester, New York, and the surrounding area. I bring 25 years of criminal defense experience to each case and remain personally involved through its resolution.

Before entering defense practice, I served as a prosecutor and Chief of the DWI Bureau at the Monroe County District Attorney’s Office. I understand how the state evaluates evidence and prepares prosecutions. Because the charge may turn on the alleged injury, intent, or use of a weapon or instrument, I examine those details promptly and carefully.

Call (585) 928-4193 to discuss the allegation directly with me and understand the immediate issues in your case.

How New York Defines First- & Second-Degree Assault

New York Penal Law § 120.05 identifies multiple circumstances that may support assault in the second degree. They include intentionally causing serious physical injury and causing physical injury with a deadly weapon or dangerous instrument. Because the statute includes other circumstances, the specific allegations matter.

Assault in the second degree is a class D felony. A defense review must identify which part of the statute the prosecution relies on and whether the evidence supports every required element.

New York Penal Law § 120.10 sets out several theories of assault in the first degree:

Intentionally causing serious physical injury with a deadly weapon or dangerous instrument
Intending permanent disfigurement or a disabling injury
Causing serious injury through depraved-indifference conduct
Causing serious injury to a non-participant during certain felony conduct or flight from a felony

Assault in the first degree is a class B felony.

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Contact Christopher K. Rodeman Attorney at Law Today

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Testimonials

Helping Clients Move Forward

“Mr. Rodeman got us the deal we needed”
“Mr. Rodeman was able to get us the plea deal we needed from a difficult judge. He was honest and up front about the difficulties we could face, but prevailed to help us resolve our issue.”

- Ray
“A wonderful outcome”
“Chris is down to earth, caring and understanding about the situation. He is very likeable and very well connected and never stops working for you until completion. Things turned out very favorable for us and we are grateful.”

- Boylin
“A true gentleman who knows what he's doing.”
“Chris made what could have been a horrible situation into a much more manageable one and in the process helped turn my life around as well.”

- Bob S
“JUST HIRE CHRIS RODEMAN”
“Mr Rodeman knows the system and its players from his days as a prosecutor. He is extremely professional, non-judgemental, and so competent in court. I could go on and on about how much we appreciate his help in our case.”

- Kiki France-Perry
“He is truly a phenomenal lawyer. ”
He is truly a phenomenal lawyer. He cares about his clients and knows the Law. If you’re reading this, he is the person to go to. Mr. Rodeman is very dedicated and will help you receive the best possible outcome. He does a great job.

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Defending Serious Assault Charges in Rochester

Serious assault cases require close examination of what the prosecution claims happened, who was involved, and what evidence supports its account. I have tried nine murder cases and countless felony matters. That background informs the steady, detailed approach I bring to complex criminal charges.

I review witness accounts and physical evidence, including claims about injuries and weapons. I also assess police conduct surrounding any stop, search, questioning, or arrest. When constitutional grounds support a challenge, I prepare detailed suppression motions to seek the exclusion of unlawfully obtained evidence and cross-examine officers about their actions.

I communicate directly with every client, explain developments clearly, answer questions, and listen without judgment. This allows me to understand your account rather than rely only on the accusation. I don’t hand off a file after the initial appearance. I remain involved through negotiations, motion practice, hearings, and trial preparation.

Why Choose Christopher K. Rodeman Attorney at Law?

Experience as a Special Assistant District Attorney
Flat-Rate Pricing for Cases Involving DWI
24/7 Availability for Emergency Calls
Affordable Payment Plans

Prison Sentences for First- & Second-Degree Assault

As a class D violent felony offense, assault in the second degree carries a determinate prison term of at least two years and no more than seven years upon conviction. A determinate sentence is a fixed term rather than an open-ended range.

Assault in the first degree is a class B violent felony offense. A conviction carries a determinate prison term of at least five years and no more than 25 years. The sentence in an individual case depends on the underlying facts and the person’s criminal history, as well as other circumstances considered by the court.

Defense Issues in a Serious Assault Case

No defense applies automatically. Its relevance depends on the evidence, the elements of the charged offense, and whether the prosecution can prove those elements beyond a reasonable doubt.

Issues that may affect a first-degree or second-degree assault prosecution include:

Self-Defense: This may be relevant when evidence shows that force was used to protect oneself from an unlawful threat.
Defense of Another Person: This may apply when evidence indicates that force was used to protect someone else.
Intent: The prosecution must establish the mental state required by the specific statutory theory charged.
Identity and Evidence Reliability: Problems with witness credibility, identification evidence, or conflicting accounts may affect whether the state can prove its case.
Alibi: An alibi is evidence that the accused was elsewhere when the alleged incident occurred.

How Assault Cases Proceed in Monroe County

Felony assault cases arising in Monroe County, New York, are heard in Monroe County Court, which has authority to conduct felony trials in this jurisdiction. The course of a case depends on the allegations, available evidence, court proceedings, and legal issues raised by the defense.

My initial review addresses the accusation, available evidence, and potential constitutional concerns. I also explain the case’s procedural posture and available options without inflating expectations. The review continues as additional records, witness information, or prosecution materials become available.

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Demand Excellence

Discuss Your First- or Second-Degree Assault Charge

I offer a free initial consultation for people facing first-degree or second-degree assault charges. You may reach me by phone or through the contact form to discuss the allegation and the current stage of your case.

I am straightforward about legal options, expectations, and costs. Payment plans are available to make the financial terms clear and manageable.

Call (585) 928-4193 to speak with me about your charge and the next steps.