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Assault

New York Assault Charges

Violent Crimes Defense Lawyer in Manhattan

Assault is defined by New York law as causing an injury to another person. It is codified in Article 120 of the New York Penal Code. If you find yourself under investigation or under arrest for accusations relating to Assault, it is imperative that you contact an experienced Manhattan City criminal defense lawyer immediately. There are multiple defenses to assault, including the defense of justification or self-defense. As a former prosecutor, our attorney knows numerous ways to counter the district attorney’s strategy.

Contact the Law Office of John Buza, PC today by calling (212) 577-9328.

Types of Assault

There are three levels of Assault, which distinguish the charges based on the severity of the crime and potential penalties.

  • Assault in the First Degree is codified in Penal Code Section 120.10. As a class B violent felony, this is the most serious kind of assault charge. In fact, it is among the most serious charges in the New York Penal Code. If a person with no prior felony convictions is convicted of this crime, the minimum period of incarceration is 5 years and the maximum is 25 years.
  • Assault in the Second Degree is codified in New York Penal Code Section 120.05. It is a class D violent felony. If a person with no prior felony convictions is convicted of this crime, the minimum period of incarceration is usually a six-month prison sentence to be followed by a term of five years probation and the maximum is 7 years in prison.
  • Assault in the Third Degree is codified in New York Penal Code Section 120.00. It is a class A misdemeanor punishable up to 1 year in jail. Assault in the Third Degree is the most common assault arrest charge in New York.

A defendant’s assault charge will depend on the seriousness of the victim’s injuries and whether or not a deadly weapon such as a gun was involved. Intent also plays a factor. The charge may also be taken more seriously if it is alleged that the assault was premeditated and the defendant was not acting in the “heat of the moment”.

You Need a Proven Defense Attorney

Assault in any form is a serious crime. John Buza is an experienced Manhattan criminal defense attorney and a former prosecutor who aggressively fights for clients.

Contact us for a free consultation if you, or a loved one, is accused of this crime.

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