New York Assault Frequently Asked Questions
What is assault?
New York’s penal code has a variety of defined assault charges. The simplest definition of assault is the intentional or reckless physical harm of another individual. The charges for this crime can range from misdemeanors to class B felonies. Even if you’re convicted of a misdemeanor assault, you will still face serious legal consequences. It’s essential to contact a New York attorney who has the experience to navigate your defense. Spodek Law Group has been practicing since 1976.
What are the assault charges?
Three charges encompass general assaults: assault in the first, second, and third degree. A third degree assault is the most minor assault charge and classified as a class A misdemeanor, the most serious misdemeanor there is. This is what you’ll generally be charged with if you have a physical fight with another person and injure that person. This charge will also be leveled against you if someone is injured as a result of your reckless actions.
Second degree assault is the charge when the victim suffers serious injuries or a deadly weapon is used. It’s also the charge when the assault victim is over the age of 65, under the age of 11, a firefighter, a law enforcement official, or any other official. Second degree assault is considered a class D felony rather than a misdemeanor.
First degree assault is considered a class B felony and carries possible sentences of twenty-five years in prison. This charge is used in situations where a person was seriously injured through the use of a dangerous instrument or deadly weapon. It’s also used when a perpetrator seriously injures a person while committing a different felony.
What other assault charges are there?
You might be charged with any of these:
- Reckless assault of a child
- Vehicular assault
- Gang assault
- Aggravated assault
- Assault on a police/peace officer
- Assault on a judge
All of these crimes range in severity from class B felonies to class E felonies.
What is the sentence for an assault conviction?
Sentencing depends largely on the exact charges that were leveled against you. You might also face additional charges on top of the assault charge depending on the circumstances. The sentence might include a fine, probation, jail, or prison time.
Class A misdemeanors have a maximum possible jail sentence of one year and fines up to $1,000. The next step up, a class E felony, has a maximum sentence of four years imprisoned and fines up to $5,000. Class D felonies have maximum prison sentences of seven years and fines up to $5,000. Class C felonies have maximum prison sentences of fifteen years, while class B felonies have maximum sentences of twenty-five years and fines up to $30,000.
What are my options after being charged?
After your initial arrest, you’ll be arraigned within about twenty-four hours of the arrest. This is the point where you’ll learn what charge or charges have been made against you. It’s important that you have a defense attorney who understands the law and can ensure you aren’t overcharged.
Different people will have different options depending on the circumstances surrounding the assault. In some cases, you’ll be able to plead guilty to a lesser charge. In other cases, your lawyer may be able to have some of the evidence thrown out because of improper police procedures.
Attorneys have spent years studying the law. The lawyers at Spodek Law Group have been practicing since 1976. They know how to defend clients against any assault charge in any circumstances.
Mar 31, 2020
May 17, 2018
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