Taking Swift Action To Defend Against Assault Charges
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 criminal defense lawyer immediately.
There are multiple defenses to assault, including the defense of justification or self-defense. As former prosecutors, our lawyers at Konta, Georges & Buza, P.C. know numerous ways to counter the district attorney’s strategy. We will take swift action to defend you against assault charges so that you can put this criminal matter behind you.
Contact Konta, Georges & Buza, P.C. today by calling 212-710-5166.
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 State Penal Law. 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 that needs a serious defense. We never forget what is at stake when you consult with us about your case. Whether you are facing misdemeanor or felony assault charges, you need a skilled criminal defense team by your side.
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 212-710-5166. We serve clients throughout the five boroughs of New York City.