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Assault

Our experienced criminal defense lawyers handle assault cases in Manhattan, the Bronx, Brooklyn, Queens, and throughout New York State. Our lawyers have experience handling both misdemeanor assault cases, and felony assault cases.

Assault and assault-related crimes are set out in Penal Law Article 120, which contains three different categories of Assault – Assault in the Third Degree; Assault in the Second Degree; and Assault in the First Degree.

Assault in the Third Degree

The most common assault charge is Assault in the third degree pursuant to CPL § 120.00. Assault in the third degree is a class A misdemeanor, which carries a maximum prison sentence of one year in jail. In order to be convicted of Assault in the third degree, a judge or jury must be convinced beyond a reasonable doubt that the accused committed one of the following acts with the requisite intent:

1) The accused caused injuries to a person with the intent of causing physical injury to that person;

2) the accused recklessly caused physical injury to a person;

3) The accused caused physical injury to a person with a deadly weapon or dangerous instrument as a result of criminal negligence.

Assault in the Second Degree

Assault in the second degree is a class D felony, which carries a prison sentence of two to seven years in jail. Assault in the second degree is set out in CPL § 120.05 which sets out nine different subdivisions of Assault in the second degree. In order to be convicted of Assault in the second degree, a judge or jury must be convinced beyond a reasonable doubt that the accused committed one of the following acts with the requisite intent:

1) The accused caused serious physical injury to a person with the intent of causing such injury to that person or to another;

2) The accused caused physical injury to a person with the intent of causing such injury to that person or to another, with the use of a deadly weapon or dangerous instrument; or

3) the accused caused serious physical injury to a person due to reckless conduct involving a deadly weapon or a dangerous instrument.

CPL § 120.05 also contains a number of other crimes which constitute assault in the second degree, however, the three listed above are the most common ones. The others involve actions such as preventing various government officials from performing their lawful duties, committing an assault in a correctional facility or on school grounds, or causing injuries to a person below a certain age.

Assault in the First Degree

Assault in the first degree is a Class B violent felony. It is a very serious charge and carries between five years and twenty five years in jail. In order to be convicted of Assault in the first degree, a judge or jury must be convinced beyond a reasonable doubt that the accused committed one of the following acts with the requisite intent.

1) The accused intentionally caused serious physical injury with a deadly weapon or dangerous instrument;
2) The accused intentionally disfigured the victim, or permanently disabled an organ of the body;
3) The accused recklessly engaged in conduct that created a grave risk of death and thereby caused serious physical injury; or
4) The accused, while committing a felony, he or another participant in the felony, caused serious physical injury to another person.

If you or a loved one have been charged with assault you should contacted a skilled and experienced Assault lawyer without delay to ensure that your rights are protected. Our experienced Assault lawyers offer free consultations 24 hours a day, seven days a week.