Violent Crimes
Assault Charges
Assault charges in New York cover an enormous range — from a shoving match that escalated on a bad night to a serious violent attack. The charge you are facing, and the consequences you are looking at, depend almost entirely on the degree of the assault and the specific facts. Understanding the difference between third-degree assault (a misdemeanor) and first-degree assault (a serious felony) is the first thing you need to know.
Whatever the degree, you need to take this charge seriously and get an attorney immediately. Assault charges — even misdemeanors — can result in a criminal record that affects your employment, your housing, and your future.
Assault in the Third Degree — New York Penal Law § 120.00
Third-degree assault is the least serious assault charge in New York, but it is still a Class A misdemeanor — meaning a conviction creates a permanent criminal record and carries up to one year in jail.
You can be charged with assault in the third degree for: intentionally causing physical injury to another person; recklessly causing physical injury; or negligently causing physical injury with a weapon. "Physical injury" under New York law means substantial pain or impairment of physical condition — even relatively minor injury can satisfy this standard.
Penalties: Up to 1 year in jail; fine; probation; permanent criminal record.
Assault in the Second Degree — New York Penal Law § 120.05
Second-degree assault is a Class D felony. It is charged when the injury caused is a "serious physical injury" — defined as injury creating a substantial risk of death, disfigurement, or impairment of an organ. It is also charged when a weapon is used, when the victim is a police officer or other protected person, or when the defendant is 18 or older and the victim is under 11.
Penalties: Up to 7 years in state prison; fine; probation; felony record.
Assault in the First Degree — New York Penal Law § 120.10
First-degree assault is a Class B violent felony — one of the most serious classifications in New York's penal code. It involves intentionally causing serious physical injury with a weapon, intentionally disfiguring a person, or recklessly engaging in conduct that creates a grave risk of death and results in serious physical injury.
Penalties: Minimum 5 years in state prison; maximum 25 years; no possibility of probation on most B violent felonies.
How Assault Cases Are Defended
The most important factors in any assault defense are: whether the defendant was acting in self-defense or defense of others; whether the alleged injury actually meets the legal threshold for the degree charged; whether the identification of the defendant is reliable; and whether the incident occurred as described by the complainant or in the context of a mutual altercation.
Self-defense is a complete defense to assault in New York — if you used force that was reasonably necessary to protect yourself from what you reasonably believed was an imminent use of unlawful physical force, you committed no crime.
Frequently asked questions
Speak with Yvonne directly
Assault charges at any level require immediate attention. Call (845) 290-2492 now — available 24/7. Se habla español.