Assault Defense Attorney NYC – Assault Lawyer New York – Assault Laws in NYC


New York’s assault laws called battery
in other states range from misdemeanors to felonies least seriously assaulted
the third degree is defined as intentionally or recklessly causing a
physical injury to a person physical injury means impairment of physical
condition or substantial pain that’s extremely broad it does not have to be a
wound gushing blood the crime is a Class A misdemeanor and punished by up to one
year in jail 60 days jail and two to three years probation
straight probation of two to three years or simply a conditional discharge
harassment in the second degree is usually also charged with assault in the
third degree harassment only requires physical
contact like a slap kick or punch but not a physical injury if you are charged
with assault in the third degree and do not have a criminal record and the
injury is not severe it is possible that a prosecutor will offer a non criminal
plea bargain most often that means an ACD
which is dismissed and sealed in six months or one year for harassment a
disorderly conduct both of which are violations and not crimes and are
ultimately sealed unless a plea to harassment involves domestic violence
felony assault includes dozens of crimes assault in the
first or second degree which are most common vehicle er salt gang assault
injuring a train conductor or bus driver to name just a few
assault in the second degree his defined as intentionally causing
either a serious physical injury or a physical injury with a weapon serious
physical injury means a substantial risk of death or impairment of health or
bodily organ function weapons include the obvious knives and guns the less
obvious a frying pan or broom and even a wall or the sidewalk the crime is a
Class D violent felony and may be punished by two to seven years prison
and post-release supervision one year jail or a combination of up to six
months jail and five years probation assault in the first degree is defined
as intentionally causing a serious physical injury with the weapon by
engaging in reckless behavior that results in grave risk of death or
causing a serious physical injury while committing or attempting to commit a
felony the crime is a Class B violent felony and may be punished by five to 25
years prison and post-release supervision for a first-time arrest a
felony assault charge does not automatically mean the prosecutor will
not offer a plea bargain to a lesser crime the possible outcome depends on
the facts the nature of the injury and prior convictions are arrests one way to
fight an assault charge is by arguing self-defense
generally you may defend yourself if you need to fend off an attack the law and
self-defense is complicated and has exceptions including if you claim
self-defense we you were the initial aggressor and you may not use deadly
physical force unless it is being used on you and you cannot retreat safely
unless in your own home the best way to determine the possible outcome of an
assault charge of any degree is to contact me to discuss the case fully. Attorney advertising. Prior results do not guarantee a similar outcome.

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