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, P.C., today by calling 212-349-2200.
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 refers to one of the following:
- Causing physical injury to a victim by use of a deadly weapon or dangerous instrument with the intent to cause serious injury
- Causing physical injury to someone with the intent to “seriously and permanently disfigure”
- Causing serious physical injury to someone while displaying extreme indifference to human life
- Causing serious physical injury to someone during the course of committing another felony crime
Assault in the second degree refers to one of the following:
- Causing serious physical injury to a victim with the intent to cause that injury
- Causes physical injury to someone with a deadly weapon or dangerous instrument
- Causing physical injury to a public servant with the intent to prevent
them from performing their duty (New York penal code lists extensive explanations of who these public officials are)
Assault in the third degree refers to one of the following:
- Causing physical injury to a victim with the intent to cause that injury
- Causes someone else physical injury due to reckless behavior
- Causes physical injury to someone with a deadly weapon or dangerous instrument due to criminal negligence
Penalties For Assault
- 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 five 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 seven 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 one 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. The firm can also be reached by phone at 212-349-2200.