NY Criminal Defense Lawyer

Assault


Assault is a very serious criminal offense. Under New York criminal statutes, assault that carries the potential for a length prison sentence and a life forever changed. When you are charged with an assault offense, there is no time to waste worrying. You must be proactive, contacting an attorney and working on your defense strategy to help ensure the direst consequences are avoided.

You may have been defending yourself against an aggressor and been shocked to find out that you were the one facing charges. Often the police make mistakes in assault cases—in their attempt to diffuse the situation they make hasty and sometimes incorrect decisions. A local criminal defense attorney can help you clear your name.

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Even if you admit you did something wrong, physically harming someone, your case is far from over. Your attorney can work with the prosecutor to potentially negotiate a favorable plea agreement and even possibly prevent you from having to serve any jail time.

Regardless of the specifics, you need to speak with an attorney about your case to know for certain what you are up against. Consulting with a local criminal assault attorney can help you understand your options and how your case might be resolved.

New York Assault Classifications and Penalties

Under New York laws, assault is classified by degrees according to seriousness.

First Degree Assault

Assault in the first degree applies when you, as the defendant, act with intent to cause serious physical injury and succeed in causing such injury or attempt to with the use of a deadly weapon. You can also be charged with assault in the first degree if you:

  1. Act with depraved indifference to life and
    1. Recklessly engage in conduct, creating a grave risk of death and results in serious physical injury, or
    2. Cause serious physical injury in the commission of a felony, or in flight from a felonious act.

This is considered a B Violent Felony charge, which carries a maximum penalty of 25 years in prison.

Ref: NY State Law 120.10

Second Degree Assault

Like first degree assault, there are several different ways for the prosecution to prove you are guilty of second degree assault. This offense applies when:

  1. With intent to cause serious physical injury to another person, you actually cause such injury,
  2. With intent to cause physical injury to another you actually cause such injury with the use of a deadly weapon, or
  3. Recklessly cause serious physical injury of another with the use of a deadly weapon.

Assault in the second degree is considered a D Violent Felony charge which carries a potential maximum sentence of 7 years in prison.

Ref: NY State Law 120.05

Third Degree Assault

Assault in the third degree is considered a misdemeanor. But this doesn’t mean it’s an inconsequential offense. A misdemeanor carries a potential year in jail.

You could be charged and convicted of this offense if you injure another person and act with

  1. Intent to cause injury,
  2. Recklessness, or
  3. Criminal Negligence with the use of a deadly weapon or dangerous instrument.

 

Assault charges are a serious matter and carry very serious potential penalties. If you have been charged with assault and are unsure of what it may mean for your future, contact our offices today. We can give you a free consultation and some potentially valuable legal advice.