New York takes assault very seriously, and anyone who faces these charges should immediately organize an effective legal defense. The first step in this process is to gain a complete understanding of New York assault laws. There are many assault crimes in the Empire State with varying penalties, and these penalties depend on the specific circumstances of each situation. Defendants may find it easier to understand these legal complexities with guidance from an experienced criminal defense attorney in New York. Call 845-567-4820 – and begin crafting a defense strategy with the experienced and dedicated New York criminal defense attorneys at The Law Office Of Benjamin Greenwald.
Assault in the Third Degree – Penal Law 120.00
The least serious assault offense in New York is assault in the third degree. This offense falls under Penal Law 120.00, and it is a class A misdemeanor. In New York, a class A misdemeanor carries a maximum jail sentence of one year and a fine of up to $1,000. Defendants may also face between two and three years of probation. Judges may grant conditional discharges with additional requirements, such as community service. These conditional discharges often come with Orders of Protection for the alleged victims.
What Is the NY Concealed Carry Decision?
Assaults in the third degree may take various forms. First, a defendant may intentionally cause a physical injury to another person. Second, a defendant may recklessly (but accidentally) cause an injury to another person. Finally, they may engage in criminal negligence before causing an injury with a deadly weapon. Someone acts “recklessly” when they engage in risky behavior in a highly unreasonable manner. Criminal negligence usually involves the failure to follow safety guidelines (particularly in the context of firearms). For example, a defendant may accidentally discharge a round while waving a handgun for no apparent reason.
Assault in the Second Degree – Penal Law 120.05
Assault in the second degree is a more serious offense, and it falls under Penal Law 120.05. This is a class D felony with a mandatory minimum sentence of two years in prison. The maximum prison sentence is seven years, and defendants may receive five years of probation. Assault in the second degree occurs after an intentional, serious injury to another person. This charge also applies to injuries caused by the intentional use of deadly weapons. Reckless discharges that cause serious injuries fall under this New York assault law. Reckless discharges of firearms that cause injuries of any kind to minors will lead to second-degree assault charges in New York. Intentional injuries of any kind to first responders, social workers, school workers, train conductors, seniors, process servers, and New York Housing Authority employees can lead to second-degree assault charges as well.
If a defendant intentionally drugs someone without their consent, they may also face charges of assault in the second degree. If a defendant causes any physical injuries while carrying out a felony, this charge applies. After being confined in a correctional facility, all assaults carried out by a prisoner are second-degree assaults. If the victim is less than 11 years old and the defendant is over 18, any intentional or reckless harm is a second-degree assault. If the victim and the defendant are both students at different schools, any assaults on school premises during school hours are second-degree assaults. Assault in the second degree has an extremely complex definition, and it may be worth reviewing this New York assault law at The Law Office Of Benjamin Greenwald.
Assault in the First Degree – Penal Law 120.10
One of the most serious criminal offenses in New York is assault in the first degree. This is a class B felony, and it falls under Penal Law 120.10. Defendants will face this charge if they intentionally cause serious injuries with deadly weapons. Remember, the definition of “deadly weapon” is quite broad. This could be a firearm, knife, frying pan, or a broken bottle. New York criminal courts may define a deadly weapon as any object even remotely capable of causing death. Defendants may also face this charge if they intentionally disfigure or mutilate another person. Examples include acid burns, amputations, facial scars, and so on.
It is possible to face assault in the first degree for accidental injuries. If a defendant exhibits a “depraved indifference to human life” that creates a serious risk of harm, any subsequent serious injuries may lead to first-degree assault charges. In addition, a defendant may face this charge if they cause serious physical injuries while committing a felony. Note that the commission of a felony also includes fleeing. A class B felony conviction leads to a mandatory minimum prison sentence of five years, with a maximum sentence of 25 years.
Related Offenses Under New York Assault Law
There are many other related offenses to consider under New York assault laws. The Empire State has separate assault crimes for specific victims. For example, defendants face heightened penalties for assaults on children, police officers, retail workers, and judges. Another notable crime is “gang assault,” which involves serious, intentional injuries caused by three or more people. New York has specific laws against “hazing,” which involves intentional or reckless conduct during initiation rituals of various organizations. The obvious example is a hazing ceremony for a University sorority or fraternity.
Promoting a suicide attempt also falls under New York assault laws. If a defendant aids or causes someone to someone to attempt suicide, they may face a class E felony and up to four years in prison. Under certain circumstances, criminal courts may upgrade this offense to attempted murder. New York assault laws also include various offenses for “vehicular assault,” and defendants often face these charges after driving while intoxicated. Finally, stalking falls under New York assault laws. Stalking in the first degree involves an intentional or reckless injury to the stalking victim, and it is a class D felony. In other words, a stalking defendant may face the same penalties under assault in the second degree – even if they did not cause a serious injury.
Contact The Law Office of Benjamin Greenwald
Although online research helps defendants understand the types of assault crimes in New York, no amount of reading will provide an effective defense strategy. Those accused of assault should work with experienced defense lawyers in New York to craft action plans based on their unique circumstances. The Law Office Of Benjamin Greenwald not only educates defendants about New York assault law, but it also helps them mitigate criminal penalties. Call 845-567-4820 to begin your defense plan with an initial consultation.
