NYC Assault Lawyer

NYC Assault Attorney

Assault is a serious crime in New York that can be punishable through hefty consequences. There are different types of assault, and each has unique penalties. If you have been charged or convicted of an assault crime, you should reach out to an NYC assault lawyer immediately.

Types of Assault

In general, assault involves physically attacking someone. However, your intentions, as well as where and how you attack, can increase the severity of the crime. Both felony and misdemeanor assault crimes are relatively common in New York, and descriptions of several of these crimes are listed below:

• Assault in the third degree: This is a class A misdemeanor that involves a person intentionally causing physical injury to one person, where the extent of the assault brings injury to another person. This charge can also look like a person recklessly causing physical injury to someone or causing injury to another person with a deadly weapon through criminal negligence.
• Assault in the second degree: This is a class D felony in which a person intends to cause serious injury, recklessly causes physical injury to one or more persons, or recklessly causes physical injury to a person with a deadly weapon. It also includes intentionally causing unconsciousness, injuring someone while committing a felony, or assaulting an official.
• Assault in the first degree: This is a class B felony and involves intentionally or recklessly causing serious injury with a weapon, intentionally causing disfigurement or amputation, or causing serious physical injury while committing a felony. A person commits this kind of assault when they show a “depraved indifference to human life”.
• Reckless assault of a child: This is a class D felony in which a person over eighteen recklessly causes serious physical injury to the brain of a child under five years old by shaking them, slamming them, or throwing the child’s head onto a hard surface. Serious physical injury may involve subdural hemorrhaging, intracranial hemorrhaging, or retinal hemorrhaging.
• Vehicular assault in the second degree: This assault is a class E felony that involves a person driving a motorboat, snowmobile, or an all-terrain vehicle (ATV) while under the influence of alcohol and drugs, causing serious physical injury. In this case, serious physical injury means creating a substantial risk of death.
• Aggravated vehicular assault: This assault involves someone driving recklessly and committing aggravated assault in the second degree. It may also qualify as aggravated vehicular assault if the driver has a BAC of 18%, has committed assault while also having their license revoked or suspended, has a DWI or vehicular assault conviction within the last ten years, or causes serious physical injury to a passenger under 15.

Other types of assault include but are not limited to: assault of a pregnant woman, assault and aggravated assault of a judge, aggravated assault of a child under 11, reckless assault of a child by a daycare provider, assault of a peace officer or police officer, and others.

What Are the Penalties for an Assault Charge?

The penalty for assault depends on the type of assault and whether it is a felony or a misdemeanor. Misdemeanor charges are low-level charges with shorter jail sentences, while felonies are more serious crimes and have lengthier sentences. The table below lists the penalties for felony and misdemeanor charges associated with assault convictions.

• Class A Misdemeanor – Up to one year in jail
• Class B Misdemeanor – up to 3 months in jail
• Class A felony – up to life in prison
• Class B felony – up to 25 years in prison
• Class C felony – up to 15 years in prison
• Class D felony – up to 7 years in prison
• Class E felony – up to 4 years in prison

At Koch Law, we have a history of experience litigating criminal cases, including assault. We understand the laws surrounding these cases and work diligently to prepare a solid defense and keep your rights protected. Our NYC criminal defense lawyer may also be able to negotiate your prison sentence or felony or misdemeanor conviction.

FAQs

Contact Koch Law

If you have been charged with any assault crime, you should contact our office today. Assault crimes are treated seriously and come with hefty consequences. You do not want to deal with a complex assault charge on your own. Let us protect your rights and guide you through the legal process with dedication and honesty.

See related post:

• Crimes of Moral Turpitude in New York: Can You Be Deported?