Long Island Assault Attorney

In New York, assault is most likely the most commonly charged crime, but if you have been arrested and charged with assault you are facing some serious potential consequences. A person charged with assault is very likely facing anything from probation to a lengthy prison stay. In assault arrest can occur in a broad range of situations such as domestic disputes, bar fights, road rage, or in many cases a simple case of self-defense. Sometimes the facts can be fuzzy and having a criminal defense attorney is the best way to help you navigate the complexities of your case.

Misdemeanor Assault In New York

In New York there are three degrees of assault, with one being a misdemeanor, and the others being felonies. A third-degree misdemeanor charge must demonstrate intent to inflict physical injury, and physical injury has resulted. Third-degree misdemeanors most often occur during domestic dispute and/or domestic violence cases. A third-degree assault charge could result in up to one year in jail plus fines.

Felony Assaults in New York

If you have been charged with a felony assault, they are broken down into two categories:

Second Degree: a second-degree felony assault is considered a Class D Violent Felony, and can carry a prison sentence of up to seven years plus fines. A second-degree assault felony is defined as:

  1. the accused cause injury to someone with the intent to cause serious physical injury
  2. on the the accused cause injury using a deadly instrument or weapon with intent to cause serious physical injury
  3. the accused recklessly caused serious physical injury with a deadly instrument or weapon

First-Degree: a first-degree felony assault is considered a Class B Violent Felony, and can carry a print prison sentence of up to 25 years plus fines. A first-degree assault felony is defined as:

  1. the accused intended to cause serious injury using a deadly weapon
  2. the accused intended to disfigure someone permanently, disabled and permanently, or destroy them
  3. the accused acted with depraved indifference to human life causing serious physical injury
  4. the accused cause serious physical injury during the commission of a felony crime

Assault in New York Is a Serious Crime

If you have been charged with an assault crime in New York, it is a very serious charge. But sometimes the case may be you acted in self-defense, your actions were misconstrued, or a variety of assault charges were leveled against you in order for the prosecutor to get one of the charges to stick. Whatever the the case may be in your individual circumstances, our attorneys possess the expertise and knowledge of New York law to help in your criminal defense. Give us a call today, our first consultation is always free.