NYC Assault With a Deadly Weapon Lawyer Lawyers
In New York, assault is one of the most serious crimes. It involves deliberately or recklessly causing an injury to another person. Assault can be committed in a number of ways. For example, a person can punch another individual, strike someone else with an object, hit them with a vehicle or even simply by biting another person. In general, the worst cases of assault involve a deadly weapon being used in the act. Of course, weapons that most readily come to mind are guns and knives. However, “deadly weapon” can mean just about anything that is used to inflict serious physical injuries on another person. Assault with a deadly weapon is frequently referred to as aggravated assault and usually leaves the victim with long-lasting, even permanent injuries. Someone who is convicted of this crime can face many years in prison and receive hefty fines and fees, as well as restitution they are ordered to pay the victim. It’s important for anyone being charged with assault with a deadly weapon to retain an experienced criminal defense attorney who knows the ins and outs of the law and how to best defend them in their trial.
Assault with a Deadly Weapon Charges
The crime of assault with a deadly weapon can be charged with other types of crimes, such as assault in the first degree. For the charge of assault with a deadly weapon to apply, the defendant must have used a deadly weapon to commit the assault. As per New York’s Penal Law 10.00(12), a deadly weapon can include any number of items that can cause serious injuries or death, such as a knife, metal or plastic knuckles, firearms, a dagger, blackjack or billy.
A person who intended to cause serious physical injury to a victim while using a deadly weapon is also charged with first-degree assault. If the act leads to the death of the other person, the defendant can be charged with indifference to human life. This is one of the more serious crimes, and it is charged as a class B felony.
If a person commits a crime with a deadly weapon that results in a serious risk of death to the victim, they can be charged with reckless endangerment in the first degree with depraved indifference to human life.
There are certain defenses the defense attorney can use for assault charges. They include the following:
• Extent of injury: The victim must have suffered a physical injury in order for an assault charge to stick. This means the individual must have suffered a physical condition, extensive pain or an impairment. It cannot be something minor like a simple cut that leaves a small scar.
• Self-defense: Another common defense is that the defendant acted in self-defense or in the defense of someone else. However, this means the other person must have been the one to start the violence.
Consequences of a Conviction
Assault with a deadly weapon carries strict consequences if a person is convicted of the crime. However, the specific penalties one receives also depends on the severity of their charges. Of course, a felony conviction is far more serious than a misdemeanor. Prison sentence and criminal history also come into play. The following can occur:
• Class A misdemeanor: The individual is sentenced to up to one year in jail and fined a maximum of $1,000.
• Class D felony: The person may face up to seven years in prison and a maximum fine of $5,000.
• Class B felony: The individual can spend up to 25 years in prison and be responsible for a maximum fine of $5,000.
Consequences of Conviction
A person who is convicted of assault with a deadly weapon, even if their conviction is a misdemeanor, can expect certain consequences to occur in their lives. They will have a criminal record that will make it difficult to get certain types of jobs, join the military, own a firearm and even serve on a jury. They will even be banned from federal housing and government benefits.
May 17, 2018
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