In New York, a person is charged with assault when they injure someone without justification. It can be charged as either a misdemeanor (3rd degree), or a felony (2nd and 1st degrees).
If you’re charged with the latter, you can face severe consequences if convicted of the offense, including:
- A lengthy prison sentence
- A criminal record
- Inability to pursue certain professional opportunities
- -Ineligibility to own a firearm
Being charged with felony assault and the corresponding sentence are dependent on several factors. These include the severity of the injury, whether a weapon or object was used to cause the injury, whether the accused caused it as they were committing another crime, and whether the victim is provided special protection by New York law.
When is an Assault a Felony?
Assault can be elevated to a felony when:
- The action caused serious physical injury to the victim, or an injury that causes death or severe disfigurement
- The accused use a deadly weapon or a dangerous instrument
- The victim is a minor, an elderly, or a public official
Two Levels of Felony Assault
Under New York law, there are two types of felony assault: 1) Class D felony (2nd degree assault) and 2) Class B felony (1st degree assault). In both instances, the victim suffers a physical injury. Both also cover injuries caused either recklessly or with intent. Both encompass injuries caused by either a deadly weapon or instrument.
The difference between the two is on the severity of the injury. If the victim sustained a serious physical injury, it’s a Class B felony.
As a criminal defense lawyer in New York, I am deeply committed to fighting for a positive outcome for you, and I will work tirelessly to protect your future. If you’ve been charged with 1st or 2nd degree assault, call my office today for a 15-minute consultation – free of charge.
