Striking another person can earn you an assault charge. As with many other states, assault in New York is separated into various levels according to the details of the incident. Each of the different degrees carries its own set of legal considerations and penalties or sentences.
Only a competent criminal defense attorney with knowledge and experience can help you discern the vital facts and find the best resolution for your case.
3rd Degree Assault
As per New York Penal Law 120.00, 3rd degree assault is a Class A misdemeanor usually punishable by up to one year in jail. In New York, however, a first arrest for this charge will not usually result in any jail time.
A conviction in the third degree could also result in probation for three years and a fine of up to $1,000.
Assault in this degree is categorized into two: 1) intentional assault and 2) reckless assault. The first one is that you intend to cause physical injury and actually cause it. The second is acting recklessly and causing physical injury to a person
The key element in either of these charges is “physical injury”. If you punched the victim, but caused no pain or left no mark, you did not commit a crime.
2nd Degree Assault
You are charged with second-degree assault if you injured someone and intended it; a majority of these cases involves the use of a deadly weapon or instrument. According to the New York penal code, a “serious physical injury” is one that “creates a substantial risk of death, causes death or disfigurement, impairment of health, or loss or dysfunction of a body organ.” A bruise or a cut is not a serious physical injury, but a broken bone is.
This crime is obviously a step up from 3rd degree assault, and is considered a Class D felony. If you’re charged with 2nd degree assault, you could be considered a convicted felon for life and may face seven years of jail time.
1st Degree Assault
This is the most serious assault charge, and is considered a class B violent felony in New York. It is charged when you have caused serious bodily harm. The sentence is up to 25 years of jail time, as well as serious fines amounting to tens of thousands of dollars.
To be convicted of first-degree assault, the prosecution must prove that the accused committed the first-degree assault under one of the outlined theories:
- Has the intent to cause serious physical injury, and actually causes it by means of a deadly weapon or instrument
- Has the intent to disfigure the person permanently, or to destroy, disable, or amputate permanently, and actually causes it
- Has no regard for human life; has recklessly engaged in an activity that created a risk of death to the accuser, and caused serious physical injury to that person
- Has caused serious physical injury when committing a felony
If you’re not sure which of these categories your case falls into, contact me, Olivier E. Roche, Esq. today. You have a free 15-minute consultation.
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