NYC Assault In the Second Degree Lawyers
Assault in the Second Degree in New York
When an individual purposefully and recklessly causes physical harm to another individual, it is considered assault. In many circumstances, individuals will be charged with assault when they beat up another individual, which occurred during a mutual fight. In New York, the type of injury that occurred will determine how an individual is charged. Although second degree assault isn’t the most severe assault charge, it does pose serious consequences.
The following are situations of second degree assault:
If an individual assaults another with the intentions to cause severe physical injury to that individual or a third individual, and he or she actually causes physical harm to the intended victims;
An assault on another individual that involves using a deadly weapon or dangerous object;
Instances when individuals who are 18 years of age or older intentionally cause physical injury to a child under the age of 11;
When an individual intentionally causes another individual to become unconsciousness or impaired with controlled substances.
It is also important to note that although a deadly weapon is often thought to be a gun or knife, it can also be classified as any object that can cause serious physical impairment to an individual, such as a baseball bat or golf club.
Those facing second degree assault charges should contact an experienced attorney immediately, as an experienced attorney can establish solid defenses that can combat the charge. These defenses may include:
When an individual faces second degree assault charges, he or she must have caused serious injures to the victim. The prosecutor must prove beyond a reasonable doubt that the injures that occurred were so serious that the victim had significant physical impairment or faced death. If the defense can prove a victim’s injures were not as severe as presented, the charges can be lessened. If a prosecutor decides to drop a second degree assault charge and peruse a third degree assault charge, the penalties will not be as severe.
In New York, there is a justification statute that enables individuals to use physical force against another individual to prevent injuries. If the injuries to the victim occurred because the accused was attempting to defend himself or herself, it is seen as a valid defense against a second degree assault charge. However, the victim must have initiated the altercation for the justification statute to hold up in court.
Sentencing Considerations for Second Degree Assault
If you are convicted of second degree assault, the penalties could include a prison sentence, costly fines, and post-release probation. Moreover, individuals accused of second degree assault may have an Order of Protection issued to them.
Those charged with second degree assault face a Class D felony conviction. In New York, the maximum prison sentence for this charge is seven years. According to New York Penal Law 70.02, assault in the second degree is also considered to be a violent felony, so a judge will be required to mandate a prison sentence of at least two years. In addition, sentencing will be also be determined by past criminal convictions.
Those who are convicted of assault in the second degree must participate in a post-release probation program that will last up to three years. In addition, New York Penal Law 70.45 states those in the program must follow a strict set of rules that will vary from individual to individual. The New York Department of Corrections will decide each person’s rules to ensure a smooth transition from prison to the outside community.
If you are in need of a criminal defense attorney, the skilled team of legal professionals at Spodek Law Group have been serving those in the New York area since 1976. The talented team of attorneys have years of experience with second degree assault cases.
May 17, 2018
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