Assault

Practice Areas

Assault is one of the most common—and most serious—violent offenses prosecuted in New York. Under the New York Penal Law, assault involves intentionally, recklessly or negligently causing physical injury to another person. The level of force used, the extent of the injury, and the circumstances of the incident determine whether someone is charged with Assault in the Third Degree, Second Degree, or First Degree.

Because assault charges can carry jail or prison time, orders of protection, fines, and a lasting criminal record, it’s critical to have a skilled criminal defense attorney who understands the complexities of these statutes and the available defenses.

Assault in the Third Degree – NYPL §120.00

Assault in the Third Degree is typically charged as a Class A misdemeanor. A person may be accused of this offense if they:

Intentionally cause physical injury to another person
Recklessly cause physical injury
Cause injury through criminal negligence with a deadly weapon or dangerous instrument

Even as a misdemeanor, a conviction can result in jail time, probation, mandatory programs, and a permanent criminal record.

Assault in the Second Degree – NYPL §120.05

Assault in the Second Degree is a Class D violent felony, making it far more serious. It may be charged when someone is accused of:

Causing serious physical injury to another person
Using a deadly weapon or dangerous instrument
Injuring certain protected individuals (such as police officers, nurses, or MTA workers)
Assaulting someone during the commission of another felony

Convictions can involve state prison time and significant long-term consequences.

Assault in the First Degree – NYPL §120.10

Assault in the First Degree is a Class B violent felony, one of the highest-level assault offenses in New York. This charge may involve allegations of:

Intent to cause, and actually causing, serious physical injury with a deadly weapon or dangerous instrument
Conduct that creates a grave risk of death
Serious injury caused during the commission of another felony

Penalties often include substantial prison sentences and long-lasting collateral consequences.

There are also other sections involving gang assault, which may apply when 3 or more persons are involved. The nuances of assault charges, and their defenses, are well known to our office, as we have successfully defended hundreds of these cases over the years.

Why Representation Matters

An assault conviction can affect your freedom, your career, and your future opportunities. Our firm takes a strategic and aggressive approach to every assault case, working to protect your rights from the initial arrest through the final resolution. We analyze the facts, challenge the prosecution’s assumptions, and pursue the best possible outcome for every client.

THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.

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