New York Assault Laws

In the state of New York, if you’re facing an assault charge you are facing some serious potential penalties. A charge like this can have a big impact on your life and it’s something that must be handled with great care.

Because you are facing probation at the very least and a lengthy prison stint at the worst, you want a defense attorney that will go to the mat for you, someone in your corner who has your back when it feels like the whole world is against you.

If you are facing an assault charge in New York, contact us to speak with a local defense attorney, who can give you a free consultation and some valuable legal advice about your assault case.

In New York, there are three classes of assault charges.

3^rd Degree Assault

Assault in the 3^rd degree is a misdemeanor charge. It applies when the situation results in physical injury to someone else but that injury isn’t enough to qualify for a more serious assault offense.

You could be facing this charge if the prosecution believes you:

1. Intended to cause injury to another person and did,

2. Recklessly caused injury to another person, or

3. Negligently cause injury with the use of a deadly weapon or instrument

Yes, this means you can face this misdemeanor charge even when you didn’t intend to hurt anyone.

The maximum sentence you will receive for a 3^rd degree assault charge is 1 year in jail and fines.

Ref: NY State Law §120.00

2^nd Degree Assault

Slightly more serious than a 3^rd degree assault charge, this offense is considered a Class D violent felony and generally carries a potential 7 year prison sentence. In addition, it carries the label of “convicted felon” for life.

You could be facing this serious felony charge if the prosecution believes you:

1. Caused injury to someone with intent to cause serious physical injury,

2. Caused injury using a deadly weapon or instrument with intent, or

3. Recklessly caused serious physical injury to someone with a deadly weapon or instrument.

Ref: NY State Law §120.05

1^st Degree Assault

The most serious of general assault charges, 1^st degree assault is considered a Class B violent felony and typically carries up to 25 years in prison.

You may be facing this charge if the prosecution believes he/she can prove that you:

Intended to cause serious physical injury and caused it or used a deadly weapon in the attempt,
Intended to disfigure someone permanently, destroy them, or disable them permanently and succeeded,
Acted with depraved indifference to human life and in doing so, recklessly engaged in conduct creating a grave rish of death and caused serious physical injury
Caused serious physical injury of another in the commission of a felony or in flight after commission of a felony.

All assault charges in New York courtrooms are serious assault charges. Each carries the potential of a permanent criminal record not to mention the possibility of prison time.

Whatever happened, whether you acted in self defense, made a mistake you regret, or your actions were misconstrued altogether. A free consultation with a local defense attorney is what’s needed to sort through some of the complexities of your case.