White Plains Assault Attorney

Dedicated Defense From a Former Prosecutor

The Law Offices of Michael J. Borrelli, P.L.L.C. is led by Michael J. Borrelli, a former Westchester County prosecutor with more than 30+ years of experience in criminal law. Michael built his career inside the Westchester County District Attorney’s Office. It is the same office that prosecutes assault cases in White Plains. He spent seven years in the Superior Court Trial Division, supervised three separate DA branches, and served as legal advisor to more than 20 police agencies across the county. That institutional knowledge of how the DA’s Office constructs cases, evaluates evidence, and approaches negotiations isn’t something many defense attorneys in this market can claim from the same source.

Assault charges in White Plains begin in White Plains City Court for misdemeanor matters and felony arraignments. Felony assault cases are then transferred to Westchester County Court for prosecution. Whether you’re facing a misdemeanor or a violent felony, being charged isn’t the same as being convicted. The prosecution must prove every element of the offense beyond a reasonable doubt, and those elements create real opportunities for defense. 

We’re available for free, confidential consultations 24 hours a day, 7 days a week, including weekends. We also serve Spanish-speaking clients. Hablamos español. We handle criminal defense matters, including assault charges, throughout Westchester County, Putnam County, and Rockland County.

If you or someone you know is facing assault charges in White Plains, call The Law Offices of Michael J. Borrelli, P.L.L.C. now at (914) 928-2766 for a free consultation, day or night.

What New York Law Actually Defines as Assault

Unlike some other states, New York doesn’t treat assault and battery as separate crimes. Assault under New York law encompasses both the intent to cause harm and the physical injury that results. To secure a conviction, prosecutors must prove beyond a reasonable doubt that the defendant intended to cause harm or acted recklessly, that a physical injury or serious physical injury occurred, that the defendant’s actions directly caused that harm, and, where charged, that a weapon or dangerous instrument was involved.

Each of those elements is a potential point of challenge. If any element can’t be established to the required standard, the charge may be reduced or dismissed. Related charges that sometimes accompany an assault arrest include menacing, which is placing another person in reasonable fear of physical injury or death, and vehicular assault, which involves serious physical injury caused through wrongful vehicle operation, including DWI. 

Verbal threats alone don’t constitute assault under New York law. Depending on the circumstances, they may result in menacing or harassment charges instead.

The Three Degrees of Assault in New York

New York classifies assault across three degrees, each carrying distinct elements and consequences. Understanding which degree you’re facing and why shapes every decision from arraignment through trial. A charge can escalate based on factors that aren’t always obvious at arrest: the identity of the alleged victim, the severity of injury, or whether a weapon was present.

Assault in the Third Degree

Assault in the Third Degree (NY Penal Law 120.00) is a Class A misdemeanor. It applies when a person intentionally causes physical injury to another, recklessly causes physical injury, or, with criminal negligence, causes physical injury by means of a deadly weapon or dangerous instrument. 

A conviction carries up to 364 days in jail, up to three years of probation, fines up to $1,000, and a possible order of protection.

Assault in the Second Degree

Assault in the Second Degree (NY Penal Law 120.05) is a Class D violent felony. This charge applies when serious physical injury is caused, a weapon is used, or the victim is a protected individual, such as a police officer, EMT, or transit worker. A conviction carries a presumptive minimum of two years in prison and up to seven years. 

Third-degree assault charges can be elevated to this level when the alleged victim is a child, elderly person, or other protected class. A violent felony offender designation also triggers sentencing enhancements that limit judicial discretion.

Assault in the First Degree

Assault in the First Degree (NY Penal Law 120.10) is a Class B violent felony, the most serious classification under Article 120. It applies when someone intends to cause serious physical injury using a deadly weapon or dangerous instrument, intends to seriously and permanently disfigure another person, or recklessly engages in conduct evincing a depraved indifference to human life that results in serious physical injury. 

A conviction carries a mandatory minimum of five years in prison and up to 25 years. A grand jury indictment is required before this charge proceeds to Westchester County Court for trial.

The line between a misdemeanor and a felony assault charge often turns on the severity of the injury, whether a weapon was involved, whether the assault was committed in concert with others, and the status of the alleged victim.

What a Conviction Costs You Beyond the Courtroom

The penalties listed in the statute are only part of the picture. An assault conviction carries consequences that extend far beyond the sentence itself, and some of those consequences are permanent.

Collateral consequences every defendant should understand:

• A permanent criminal record that appears on background checks for housing applications, employment screening, and government benefits
• Suspension or revocation of professional licenses in fields including healthcare, law, education, and finance
• Immigration consequences apply to non-citizens, including lawful permanent residents, who risk being deported upon a felony assault conviction; collateral immigration consequences must be considered early in any defense strategy
• Employment can be affected because many employers conduct background checks, and a violent felony conviction can disqualify candidates
• Housing can be limited because landlords routinely screen for criminal records, and a conviction can significantly limit available options
• Orders of protection can result even from a misdemeanor conviction and may restrict contact with family members or others close to you

These stakes are why representation matters from day one. Michael personally attends 99% of client court appearances, so you’re represented by the attorney you hired at every stage, not handed off to a junior associate. With thousands of criminal cases handled throughout his career, Michael brings the kind of pattern recognition that shapes strategy well before a case reaches the courtroom.

Defense Strategies in White Plains Assault Cases

A strong defense starts with identifying which elements of the prosecution’s case are vulnerable. The Westchester County District Attorney’s Office prosecutes felony assault cases, and understanding how that office builds its cases, how it evaluates evidence, prioritizes witnesses, and approaches plea discussions, is a meaningful advantage at every stage.

As your White Plains assault defense attorney, Michael may employ one or more of the following defenses:

• Self-Defense or Defense of Others: New York’s justification doctrine under Article 35 permits the use of physical force when a person reasonably believes it’s necessary to defend themselves or another from imminent unlawful force.
• Lack of Intent: If the injury was accidental rather than intentional or reckless, the prosecution can’t establish a required element of most assault charges.
• Mistaken Identity: Chaotic situations often produce unreliable eyewitness accounts; cross-examining identification witnesses is a critical part of trial preparation.
• Insufficient Evidence: Challenging whether the prosecution can actually prove physical injury as legally defined, or whether the evidence meets the required standard
• Pre-Trial Suppression Motions: It may be possible to request to suppress evidence obtained through unconstitutional searches, challenging identification procedures, or addressing arrest irregularities before trial.

Michael’s record across more than 40 felony criminal trials, covering charges from murder and robbery to burglary and attempted murder, reflects what prosecutor-side experience and thorough preparation can produce in the courtroom. He supervised three DA branches: New Rochelle, Northern Westchester, and Yorktown. He also served as legal advisor to more than 20 police agencies, giving him direct insight into how law enforcement builds and documents evidence. That background informs where defenses succeed and where they don’t.

Trial-ready representation also strengthens plea negotiations. When prosecutors know defense counsel is prepared to go to trial, the terms of any resolution may improve.

Why White Plains Defendants Work With Michael J. Borrelli

There are many criminal defense attorneys in Westchester County. Here’s what distinguishes this firm from the rest of the field:

• Former Prosecutor, Same Office: Michael spent his career inside the Westchester County District Attorney’s Office. It is the same office prosecuting your case. He spent seven years in the Superior Court Trial Division and supervised three separate DA branches: New Rochelle, Northern Westchester, and Yorktown. He knows how that office is organized, how it builds cases, and where its cases have weaknesses.
• DWI Coordinator, Westchester County DA’s Office: From 2007 to 2019, Michael served as the DWI Coordinator for the Westchester County District Attorney’s Office, responsible for training every ADA and law enforcement officer in the county on New York law and procedures. That role required mastery of prosecution infrastructure, evidence standards, and inter-agency coordination. These are the same systems that drive how assault cases move through Westchester County Court today.
• Appellate Division Appointment: Michael was appointed by Presiding Justice Hon. A. Gail Prudenti to serve on the Committees on Character and Fitness of the Appellate Division, Second Judicial Department, assisting the court in evaluating prospective bar members and attorneys subject to suspension or disbarment. It’s a judicial appointment held by few practicing defense attorneys.
• Personal Court Attendance: Michael personally attends 99% of client court appearances. You’re represented by the attorney you hired at every stage of your case, in White Plains City Court and Westchester County Court alike.
• Free 24/7 Consultations: Consultations are free, confidential, and available around the clock, including nights and weekends.
• Hablamos Español : Our firm serves Spanish-speaking clients.
• Credentials & Memberships: Michael is an active member of the Westchester County Bar Association, the New York State Bar Association, and the New York State Association of Criminal Defense Lawyers.

Our firm handles criminal defense matters including violent crimes and domestic violence cases throughout Westchester County, Putnam County, and Rockland County.

Contact The Law Offices of Michael J. Borrelli, P.L.L.C. for a Free Consultation

Assault charges in White Plains carry real consequences, in the courtroom and beyond. The sooner you have qualified defense counsel involved, the more options you may have before evidence is locked in, before witness accounts solidify, and before the prosecution’s case strengthens. We offer free, confidential consultations 24 hours a day, 7 days a week, including nights and weekends, and serve clients throughout Westchester County, Putnam County, and Rockland County.

Call The Law Offices of Michael J. Borrelli, P.L.L.C. now at (914) 928-2766. Your consultation with our White Plains assault defense attorney is completely free, confidential, and available any time.