Assault Charge in New York?

Don’t Let an Assault Arrest Ruin Your Life! Fight Back!

Being charged and arrested for Assault New York state is an everyday occurrence. It is one of the most commonly charged crimes in New York. An assault arrest can arise out of many situations; such as, domestic disputes, road rage, and bar fights – just to name a few.

When a fight happens, it is often difficult for the police to correctly determine who started it. So they often arrest everyone involved, or sometimes they make an arbitrary judgment about who to arrest. They either:

  • Arrest the other person, based on who issues a complaint first; or
  • Arrest the person who is least seriously injured.

Obviously this can be the wrong result a million ways. The person who complains easily could have started the fight. And just because the other person was injured may just mean you were successfully defending yourself. It is absolutely legal to defend yourself if attacked.

As you can see, it is very common to be charged with an assault crime if you are involved in any kind of fight that you did not start and was not your fault.

The crime of Resisting Arrest and the violation of Disorderly Conduct often accompany assault charges. Though these charges are less serious, anything that gives you a criminal record can have a negative effect of your life and your future.

You can also face additional penalties if your charge is considered a domestic assault, or falls under New York’s choking law.

If you’ve been charged with any assault offense, you need some good legal advice to help you work through this mess.

The consequences of an assault conviction can be very serious, and you need to take the charges equally seriously. You will be stuck with a criminal record, fines, and probation at a minimum. In serious case, there is a real risk of jail time.

Contact our attorneys before you show up in court. Don’t just plead guilty. Our experienced New York criminal defense attorney can help you at (888) 435-4744.

Assault Laws and Penalties in NY

Assault in the First Degree – 120.10

Under New York law, first degree assault charges apply in cases where serious physical injury is caused, under the circumstances below.

In order to convict a person of Assault in the First degree, it must be proven that the person:

  1. With intent to cause serious physical injury,a) Causes such injury,b) By means of a deadly weapon or dangerous instrument; or
  2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently,a) Causes such injury; or
  3. With a depraved indifference to human life,a) Recklessly engages in conduct which creates a grave risk of death to another person, andb) Thereby causes serious physical injury to another person; or
  4. In the course of the commission of a felony or of immediate flight from a felony,

a) Causes serious physical injury.

First (1st) degree Assault is a B Violent Felony charge.

Ref: NY State Law Sec. 120.10

Assault on a Peace Officer, Police Officer, Fireman, or EMT – 120.08

The charge of Assault on a Police Officer, or Peace officer applies under New York law, when such a person is caused serious physical injury in the line of duty, by a persons actions.

In order to convict a person of Assault on a Peace Officer, Police Officer, etc. it must be proven that the person:

(1) With intent to prevent a peace officer, police officer, etc.

(2) From performing a lawful duty,

(3) Causes serious physical injury to such peace officer, police officer, etc.

Assault on a Peace Officer or Police Officer is a C Violent Felonycharge.

Ref: NY State Law Sec. 120.08

Assault in the Second Degree – 120.05

Second degree assault charges apply in cases where a person causes physical injury in intending serious injury, or using a weapon; or if serious physical injury is caused by someone’s reckless behavior.

In order to convict a person of Assault in the Second Degree it must be proven that the person:

  1. With intent to cause serious physical injury to another person,a) Causes such injury; or
  2. With intent to cause physical injury to another person,a) Causes such injury by means of a deadly weapon or a dangerous instrument; or
  3. Recklesslya) Causes serious physical injury by means of a deadly weapon or a dangerous instrument

Assault in the Second (2nd) Degree is a D Violent Felony Charge.

Ref: NY State Law Sec. 120.05

Assault in the Third Degree 120.00

Third degree (misdemeanor) assault applies in cases where the assault results in physical injury.

In order to convict a person of Assault in the Third Degree, it must be proven that the person:

  1. With intent to cause physical injury to another person,a) Causes such injury; or
  2. Recklessly causes physical injury to another person; or
  3. With criminal negligence, causes physical injury,a) By means of a deadly weapon or a dangerous instrument.

Assault in the Third (3rd) Degree  is an A Misdemeanor charge.

Ref: NY State Law Sec. 120.00

Free Legal Consultation on New York State Assault Laws and Penalties

Call our defense lawyers now for help with you Assault charges in New York state, or related criminal offenses. We are ready to provide you a free legal consultation on your case. Call (888) 435-4744 now to get your questions answered, and find out where you stand, and what you can do about it.

Don’t plead guilty and agree to even a criminal conviction on your record without looking for every chance to beat the charges. Call  us at (888) 435-4744 for a consultation on assault charges now.

 

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