Every state has assault laws. These criminalize acts that intentionally harm or injure another person. New York has several laws that pertain to assault. Anyone charged with this crime faces serious penalties that could include jail or prison time. Assault charges can often be the result of misunderstandings or acts that were in self-defense. Your criminal defense attorney can help you better understand New York assault laws and the potential penalties for the specific violation you are charged with.
Assault Laws in New York
New York’s assault laws classify certain acts of physical violence based on the severity of the injuries to the victim and the involvement of parties like gang members or peace officers. Each penal code violation comes with specific penalties.
- Assault in the Third Degree: Assault in the third degree is defined under Penal Law § 120.00. Anyone convicted of this Class A misdemeanor can be sentenced to time in jail. The offense involves causing physical injury to another person. Someone can be charged with this crime for negligently causing physical injury with a deadly weapon or dangerous instrument. Typically, the injuries incurred by victims are not life-threatening.
- Assault in the Second Degree: Assault in the second degree is defined under Penal Law § 120.05. This criminal offense is a Class D felony. Anyone who intentionally causes severe physical injury with or without a deadly weapon or instrument can be charged with this offense. These charges can also be given to anyone who injures a public servant who is on duty. The penalties for anyone who is convicted of this crime can include jail time for a few years.
- Assault in the First Degree: Assault in the first degree is defined under Penal Law § 120.10. This is one of the most serious assault crimes and relates to any act of physical violence that leads to serious disfigurement or disability. Defendants who are charged with this crime often use weapons and show indifference to human life. Although it is a Class B felony, aggravating factors often elevate these charges.
Less common assault charges that defendants can face in New York include aggravated assault upon a police officer, which is a Class B felony, and gang assault charges, which range from a Class B to a Class C felony.
Legal Defense Strategies for Assault Charges
If you are facing assault charges, your criminal defense attorney can formulate a legal strategy that works to get your side of the story out. Often, the victim has the first opportunity to frame the narrative of what happened.
Your attorney can use evidence to show that you acted in self-defense or in defense of another person. Self-defense can be a very strong legal argument as long as the acts of defense are proportional to the perceived threat.
Your attorney can also show that you did not act with criminal intent. If you were startled or mentally incapacitated for some reason, you can argue that you did not intend to cause harm. Criminal intent is an important element in assault cases because people can accidentally hurt others.
If you engaged in the alleged offense to protect your property from being damaged or stolen, that could also make for a strong defense. People have the right to protect their property. As with self-defense, the response would have to be proportional to the threat.
Mistaken identity could also have a role in your case. If the victim cannot clearly identify you or if the prosecution cannot demonstrate that you were the person who committed the assault, your attorney could seek to have your case dismissed. Having an alibi witness to corroborate that you were not at the scene of the crime can be an important legal defense strategy.
FAQs
Q: What Is Considered Assault in New York State?
A: In New York, assault involves intentionally or recklessly causing physical injury to another person. It is categorized into different degrees based on the severity of the injury and the circumstances of the offense. The three main categories for assault include assault in the first degree, assault in the second degree, and assault in the third degree.
Q: What Is the Penalty for Simple Assault in New York?
A: Assault in the third degree is often referred to as simple assault. Anyone convicted of this Class A misdemeanor can be sentenced to up to a year in jail. Other penalties could include fines and probation.
First-time offenders who hire an experienced criminal defense attorney may be able to reduce the penalties they are facing. In cases where the evidence supports the defendant’s story, the charges may be dropped or reduced to a lesser charge.
Q: Is Pushing Someone Assault in New York?
A: Pushing someone could result in assault charges in New York. It depends on the circumstances and whether the person who was pushed seeks criminal charges. The act of pushing would have to result in physical injury or pain.
If someone is charged with assault for pushing, it would likely be classified as assault in the third degree, which is a Class A misdemeanor. If serious bodily injury resulted, the criminal charge could be a felony.
Q: What Is Assault in the Second Degree in New York?
A: Anyone who intentionally uses force to cause physical injury to another person with a deadly weapon or dangerous instruments can be charged with assault in the second degree, which is a Class D felony.
The charge is also reserved for anyone who injures a public servant who is on duty. This charge is more severe than assault in the third degree but not as serious as assault in the first degree.
Schedule Your Criminal Defense Consultation Today
If you were recently charged with assault, you will need an experienced criminal defense attorney who can protect your rights and explore possible legal counterarguments to the accusations. Someone charged with assault may have acted to defend themselves or someone else.
At the Law Offices of Robert Tsigler, PLLC, we understand New York’s assault laws, and we can create a legal strategy that gets your side of the story across. Don’t put off hiring legal representation if you are facing criminal charges. Schedule your consultation today.
