Assault
Lawyer

New York Assault Attorney

Facing assault charges in New York can be terrifying and confusing. How do you navigate the complex legal system and protect your rights? The answer lies in finding an experienced New York assault lawyer who understands the nuances of the law. We will help you explore various assault charges, the impact of physical injuries on cases, common defense strategies, and the consequences of convictions. Let’s begin your journey towards a stronger defense. Contact our Criminal attorney at the Law Office of Gina M. Wicik for a free consultation 516-253-4278.

Understanding New York Assault Charges

New York assault charges range in severity, from misdemeanors to felonies. A knowledgeable New York criminal defense attorney can help you navigate these charges, ensuring the best possible defense. It is crucial to understand the various degrees of assault charges in New York, as the penalties and consequences can vary significantly depending on the specific offense.

There are three main types of assault charges include assault (1^st,2^nd and 3^rd Degree), aggravated assault, and gang assault. Each type of assault has unique elements and potential penalties. Understanding these distinctions can help you and your attorney develop an effective defense strategy to protect your rights and potentially mitigate the impact of the charges on your life.

Third Degree Assault

Third-degree assault is classified as a class A misdemeanor under New York law. It is characterized by the intentional infliction of physical injury, such as bodily impairment or substantial pain, on another person. Third-degree assault is punishable by up to one year of imprisonment.

The penalties for third-degree assault in New York can include a maximum of one year in jail and a fine of up to $1,000. Additionally, injury victims may seek compensation through a civil lawsuit. It is essential to have an experienced New York City assault lawyer on your side to navigate the complexities of these cases and help you achieve the best possible outcome.

Second Degree Assault

Assault in the Second Degree is considered a violent crime. It is a Class D Felony with a minimum sentence of two years imprisonment and a maximum of seven.

There are seven different circumstances which you could be facing such a charge, it is the intentional infliction of physical injury, such as bodily impairment or substantial pain, on another person, using a deadly weapon, or dangerous instrument, assaulting an official such as a peace officer,recklessly causing physical injury to another using a deadly weapon or dangerous instrument, intentionally causing another person to become unconscious or physically impaired by administering a drug without consent, injuring another while in the course of a felony and being 18 years old intentionally or recklessly injuring a child under 11.

First Degree Assault

Aside from murder First Degree Assault will be the most violent crime found within the criminal code. It is an violent crime with a minimum sentence of five years imprisonment and a maximum of twenty five.

First degree Assault like all assault charges is by the intentional infliction of physical injury,on another person, however it’s the injury that will determine a first degree charge. First Degree assault requires a “serious physical injury”. A serious injury is not substantial pain or impairment, rather one that creates a substantial risk of death, results in disfigurement or long-term health impairment. First Degree assault also requires a dangerous or deadly weapon or instrument be used in causing the serious physical injury.

Aggravated Assault

Aggravated assault is a more serious charge than third-degree assault. It involves an attack on another person with the intention of causing serious or aggravated bodily harm and typically involves the use of a weapon. In some cases, the presence of a deadly weapon at the scene of the crime can elevate an assault charge to a first-degree felony.

The potential punishment for first-degree assault in New York is a maximum of 25 years in prison. Reasonable doubt of a weapon’s presence doesn’t guarantee acquittal. The defendant might still face a lesser assault charge.

Gang Assault

Gang assault in New York occurs when someone collaborates with one or more individuals to commit an assault on another person. A first-degree gang assault is classified as a class B felony, while a second-degree gang assault is categorized as a class C felony. A person charged with a class B felony may face a prison term of between five and twenty-five years, while a class C felony carries a maximum sentence of seven years.