When a confrontation between two people escalates, in too many cases, the result is physical violence. When violence gets out of hand, someone will likely get assault charges. Severe assault charges constitute violent felonies, and any criminal charge can be increased to a violent crime when an assault occurs in conjunction with another crime.
Definition of First-Degree Assault
For a crime to be considered assault, two people must demonstrate a minimum level of physical injury, and the victim must have an impairment of their physical condition, such as significant pain. Otherwise, the altercation cannot be deemed assault. When physical contact does not reach the level of severity to justify an assault charge, it becomes a mere violation instead of an assault. The more severe the injury to the victim, the more severe the crime.
In New York, first-degree assault is constituted by reckless and intentional harm caused to another person by the defendant. The varying degrees of assault are related to the severity of the injury the victim incurred and the way in which the act of assault was carried out. This is the most severe classification of assault, and it is deemed a Class B felony. A first-degree assault conviction in New York will result in a sentence of 3 to 25 years in state prison plus a maximum $5,000 fine.
Conditions for First-Degree Assault
To be convicted of assault in the first degree, four conditions must be met. These conditions are described below.
- -The defendant injured someone using a dangerously deadly weapon or instrument with the intent to cause serious harm or physical injury.
- -The defendant injured someone with the intent to seriously disfigure the victim with a permanent injury.
- -The defendant seriously harmed someone in a manner that exhibited a depraved indifference to human life.
- -While committing a felony, the defendant seriously injured another person.
In many cases, it is not that easy for the prosecution to definitively exhibit that the defendant acted in a way that warrants a first-degree assault charge beyond a reasonable doubt. Thus, a private New York assault lawyer can oftentimes make just enough of an impact on a case to refute the prosecution’s statements.
Defense for a First-Degree Assault Charge
To avoid a conviction for first-degree assault, the defense must rebut the prosecutor and their attempts to show that the defendant caused the victim to incur a serious physical injury by the use of a deadly weapon while committing a felony crime. A criminal defense attorney, who is experienced in defending New York criminal charges and has had successful cases before, is the foremost option for applying an effective criminal defense.
If you have been charged with first-degree assault, you are facing serious potential consequences that can permanently alter your future. The most important thing you can do if you are arrested for assault is to make a statement that you want to speak to your lawyer, then don’t say anything else. Exercise your Fifth Amendment right to remain silent. In cases in which there are two sides to the story, you don’t know what other people are saying in other conversations with law enforcement officers following a physical altercation. Ideally, you should not corroborate their story by answering questions from the police, who are trained to ask them in a way that can easily lead you to implicate yourself as guilty. It is significantly more advantageous to your defense strategy to speak to a lawyer and not the police.
FAQs
Q: What Is the Sentence for Assault in the First Degree in New York?
A: A conviction for first-degree assault in New York has a maximum sentence of 25 years in prison. If convicted, defendants face a mandatory minimum of five years in prison because assault in the first degree is considered a violent felony. It is one of the most severe crimes someone can commit.
Q: What Happens When You Press Charges on Someone for Assault in New York?
A: When you press charges against someone for assault in New York, if there is enough initial evidence to merit a warrant for arrest, the prosecutor will do so, and law enforcement officers will detain the defendant and arrest them. An investigation will ensue, and law enforcement agents will conduct an evaluation of the allegations and gather any more available evidence until the trial.
Q: How Much Time Do You Get for Assault in New York?
A: The penalties for an assault conviction in New York depend on the classification of the crime. Assault in the first degree, which is a Class B violent felony, carries a minimum sentence of five years in prison and a maximum sentence of 25 years in prison. Second-degree assault is a Class D violent felony and is also punishable by time in state prison, with a mandatory two years minimum and a maximum prison sentence of up to seven years in prison or five years of probation.
Q: What Is the Lowest Charge of Assault in New York?
A: A third-degree assault charge is the least severe assault charge in New York. It is a Class A misdemeanor, and it is usually initiated by a physical altercation between two people in which one person injures the other. You could serve up to one year in jail for this charge.
Need a Criminal Defense Lawyer?
If you need a criminal defense lawyer, you need one who has experience in representing clients with first-degree assault charges and a successful record with similar cases as yours. The Law Offices of Robert Tsigler, PLLC, offers a different approach to legal counsel. We are committed to serving our clients, no matter what offense they are charged with, and we are committed to you throughout your case.
Our legal team is prepared to conduct a professional investigation into your charges on your behalf to find the evidence that can result in a more favorable outcome. We aggressively confront the prosecutors in every case we take and never succumb to the intimidation that they may have already shown to you. Don’t speak to just anyone. Contact the Law Offices of Robert Tsigler, PLLC, and let us represent you, defend your interests, and protect your rights.
