Criminal Defense Lawyers

What Are the Penalties for Assault in New York?

If you’ve been charged with assault in New York, you’re likely feeling anxious and uncertain about what penalties you may be facing. At Spodek Law Group, we understand how stressful this situation can be. Our experienced criminal defense attorneys are here to help guide you through the legal process and fight for the best possible outcome in your case.Assault charges in New York can range from misdemeanors to serious felonies, depending on the specific circumstances. The penalties can include fines, probation, and significant jail or prison time. However, with a strong legal defense, it may be possible to get charges reduced or dismissed entirely.In this comprehensive guide, we’ll break down the different degrees of assault charges in New York and the potential penalties for each. We’ll also discuss some common defenses and how an experienced lawyer can help protect your rights. Let’s dive in.

Degrees of Assault Charges in New York

New York law defines several degrees of assault, ranging from third-degree (least serious) to first-degree (most serious). The specific charge depends on factors like:

• The severity of the victim’s injuries
• Whether a weapon was used
• The defendant’s intent
• The identity of the victim (e.g. police officer, child, etc.)

Here’s an overview of the main assault charges and their classifications:

Now let’s look at each degree in more detail.

Third-Degree Assault

Third-degree assault is the least serious assault charge in New York. It’s defined in NY Penal Law § 120.00 as:

1. Intentionally causing physical injury to another person
2. Recklessly causing physical injury to another person
3. Causing physical injury to another person through criminal negligence using a deadly weapon or dangerous instrument

This is a Class A misdemeanor. While it’s the lowest level assault charge, it still carries potentially serious consequences.

Second-Degree Assault

Second-degree assault is a more serious charge, classified as a Class D felony. Under NY Penal Law § 120.05, it includes:

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1. Intentionally causing serious physical injury to another person
2. Intentionally causing physical injury to another person using a deadly weapon or dangerous instrument
3. Recklessly causing serious physical injury to another person using a deadly weapon or dangerous instrument
4. Causing physical injury to another person while intending to prevent a peace officer, police officer, firefighter, or emergency medical services professional from performing their lawful duty

There are several other specific circumstances that can result in second-degree assault charges as well.

First-Degree Assault

First-degree assault is the most serious assault charge in New York. It’s a Class B felony defined in NY Penal Law § 120.10 as:

1. Intentionally causing serious physical injury to another person using a deadly weapon or dangerous instrument
2. Intentionally disfiguring another person seriously and permanently, or destroying, amputating or disabling permanently a member or organ of their body
3. Under circumstances evincing a depraved indifference to human life, recklessly engaging in conduct which creates a grave risk of death to another person, and thereby causing serious physical injury to another person
4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, causing serious physical injury to a person other than one of the participants

First-degree assault charges are reserved for the most severe cases involving serious injuries and/or weapons.

Penalties for Assault in New York

Now that we’ve covered the different degrees of assault, let’s look at the potential penalties for each:

Penalties for Third-Degree Assault

As a Class A misdemeanor, third-degree assault is punishable by:

• Up to 1 year in jail
• A fine of up to $1,000
• Up to 3 years of probation

While these penalties may seem relatively minor compared to felony charges, a misdemeanor conviction can still have serious consequences for your future. It will create a criminal record that can impact employment, housing, and other opportunities.

Penalties for Second-Degree Assault

Second-degree assault is a Class D felony, carrying much more severe penalties:

• 2 to 7 years in state prison
• A fine of up to $5,000
• Up to 5 years of post-release supervision

The exact sentence will depend on factors like your criminal history and the specific circumstances of the case. First-time offenders may be eligible for probation instead of prison time in some cases.

Penalties for First-Degree Assault

As a Class B felony, first-degree assault has the harshest potential penalties:

• 5 to 25 years in state prison
• A fine of up to $5,000
• Up to 5 years of post-release supervision

For repeat violent felony offenders, the minimum sentence increases to 10 years. Those with two or more prior violent felony convictions face even longer minimum sentences.It’s important to note that these are just the potential penalties. The actual sentence in any given case may be less severe, especially with an effective legal defense. That’s why it’s crucial to work with an experienced criminal defense attorney who can fight to minimize the consequences you’re facing.

Aggravating Factors That Can Increase Penalties

There are several factors that can lead to enhanced penalties for assault charges in New York:

Prior Criminal History

If you have previous assault convictions or other violent felonies on your record, you’ll likely face more severe sentencing. New York has specific statutes for “second violent felony offenders” and “persistent violent felony offenders” that mandate longer prison terms.

Hate Crimes

If an assault is motivated by bias based on race, color, national origin, ancestry, gender, religion, age, disability or sexual orientation, it can be charged as a hate crime. This elevates the charge to the next level – for example, turning a Class A misdemeanor into a Class E felony.

Gang-Related Assaults

Assaults committed as part of gang activity may face enhanced penalties under New York’s gang assault statutes. Gang assault in the first degree is a Class B felony carrying up to 25 years in prison.

Assaults Against Special Victims

Assaulting certain types of victims can result in elevated charges, including:

• Police officers, peace officers, and other public servants
• Children under 11 years old
• Elderly persons 65 or older
• Public transit employees

Use of Weapons

As noted in the assault definitions above, using a deadly weapon or dangerous instrument during an assault will generally increase the severity of charges and penalties.

Defenses to Assault Charges in New York

While assault charges are serious, there are several potential defenses that an experienced attorney may be able to use to fight the charges or reduce penalties. Some common defenses include:

Self-Defense

If you reasonably believed you were in imminent danger of physical harm, you may have been justified in using force to defend yourself. New York’s self-defense laws allow the use of reasonable force when necessary.

Defense of Others

Similar to self-defense, you may be justified in using force to protect another person from attack if you reasonably believed they were in danger.

Lack of Intent

For charges requiring intentional conduct, your lawyer may argue that any injury was accidental rather than intentional.

Mistaken Identity

In some cases, it may be possible to show that you were wrongly identified as the perpetrator of an assault.

Insufficient Evidence

Your attorney can challenge the prosecution’s evidence and argue that there is not enough proof to convict beyond a reasonable doubt.

Mental Illness

In some cases, a mental illness or defect may provide a defense or mitigating factor in assault cases.

Intoxication

While voluntary intoxication is generally not a defense, it may be relevant in some cases to show lack of intent.The specific defenses available will depend on the facts of your individual case. An experienced criminal defense lawyer can evaluate the evidence and circumstances to determine the best strategy.

How Spodek Law Group Can Help

If you’re facing assault charges in New York, having a skilled criminal defense attorney on your side can make a huge difference in the outcome of your case. At Spodek Law Group, we have extensive experience defending clients against all types of assault charges.Our approach combines aggressive advocacy with meticulous attention to detail. We’ll thoroughly investigate every aspect of your case, looking for weaknesses in the prosecution’s evidence and exploring all possible defenses. Our goal is always to get charges reduced or dismissed whenever possible.Some of the ways we can assist with your assault case include:

• Conducting a detailed review of all evidence and police reports
• Interviewing witnesses and gathering additional evidence to support your defense
• Negotiating with prosecutors to reduce charges or penalties
• Filing motions to suppress evidence or dismiss charges when appropriate
• Representing you at all court appearances and hearings
• Preparing a strong defense strategy if your case goes to trial
• Advocating for minimum sentencing if a conviction occurs

We understand how stressful and overwhelming assault charges can be. Our compassionate attorneys will guide you through every step of the legal process, making sure you understand your rights and options at each stage. We’ll fight tirelessly to protect your freedom and future.

Frequently Asked Questions About Assault Charges in New York

Here are answers to some common questions we receive about assault charges:Q: Can assault charges be dropped in New York?A: Yes, it is possible for assault charges to be dropped or dismissed in some cases. This may occur if there is insufficient evidence, if the victim declines to cooperate with prosecution, or if your attorney negotiates a plea deal. However, once charges are filed, the decision to drop them is ultimately up to the prosecutor, not the victim.Q: What’s the difference between assault and battery in New York?A: Unlike many states, New York does not have a separate “battery” charge. Actions that would be considered battery in other jurisdictions are generally charged as assault in New York.Q: Can I still be charged with assault if the victim wasn’t seriously injured?A: Yes. Even minor injuries can support a third-degree assault charge. More serious charges don’t necessarily require severe injuries if a weapon was used or if the assault was against certain protected victims like police officers.Q: Will I go to jail for a first-time assault charge?A: Not necessarily. For misdemeanor assault charges, jail time is possible but not mandatory, especially for first-time offenders. Felony charges carry potential prison sentences, but alternatives like probation may be possible in some cases.Q: How long does the state have to file assault charges?A: The statute of limitations for most assault charges in New York is 2 years for misdemeanors and 5 years for felonies. However, there are exceptions for certain types of assaults, particularly those involving children.

Contact Spodek Law Group for a Free Consultation

If you’re facing assault charges in New York, don’t wait to get legal help. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome.At Spodek Law Group, we offer free initial consultations to discuss your case and explain how we can help. We’ll review the charges against you, explain your rights and options, and give you our honest assessment of your case.Our attorneys have decades of combined experience defending against assault charges in New York. We know the local courts and prosecutors, and we know how to build strong defenses for our clients. Let us put our knowledge and skill to work for you.Don’t let assault charges derail your life. Contact Spodek Law Group today at 212-300-5196 or through our website at https://www.federallawyers.com to schedule your free consultation. We’re available 24/7 to take your call and start working on your defense. Remember, an arrest is not a conviction. With the right legal representation, it may be possible to avoid the worst consequences of assault charges. Let us fight to protect your rights and your future.