Reading the charge in New York
Assault with a deadly weapon is the name used in California and several other states. New York's assault statutes instead refer to a deadly weapon or a dangerous instrument, and the two are not the same thing. Deadly weapon is a narrow term in New York, covering loaded firearms and a short list of other weapons named in the law. Dangerous instrument is much broader and can describe almost any object, depending on how it was used. New York's assault provisions generally treat the two alike, so the factual allegations about the object and how it was used usually tell you more than the label does.
Why the classification carries weight
Whether the object counts as a deadly weapon or dangerous instrument at all can affect the degree of the charge, whether it is treated as a violent felony, and how the case may be resolved. It can also bring a separate weapon possession count, which is charged and resolved on its own terms. A felony conviction generally bars firearm possession under federal law, regardless of the state where it occurred, and it can matter for professional licenses and housing. For anyone who is not a citizen, the immigration analysis for an assault involving a weapon can differ from the analysis for a simple assault. These effects are reasons to understand the charge precisely before any decision about a plea.
What to bring and what to avoid
Bring the charging papers, any order of protection, release documents, and property vouchers for anything the police took. Do not post about the incident, and do not discuss it with friends, coworkers, or anyone who might later be asked to testify. If the object in question belongs to you, such as a tool from work or an item kept in your car, tell your lawyer how it came to be there, because an innocent reason for its presence can matter. Do not try to locate witnesses or the complaining witness on your own. In the first meeting we compare the charge against what the police reports describe and decide what evidence needs to be requested or preserved right away.
