NYC Assault on a Firefighter Lawyers

A wide variety of crimes fall under the “assault” umbrella in New York. New York state law defines assault as the reckless or intentional physical injury of another individual. Assaults might be committed with fists, knives, guns, vehicles, or other means. Your intention, the way the assault was instigated, and the severity of the injuries to the victim will all affect the charges that are leveled against you. Severe cases of assault are felonies that carry potential penalties of years in prison. When the victim is a part of a protected class of people, any kind of assault is a felony, regardless of the method with which it was accomplished or the extent of the injuries.

Firefighters are one of the classes protected under this legislation. A firefighter saves lives when they do their job. If a firefighter is stopped or weakened from the ability to do their duty, regardless of whether the weakening happens as a result of their profession, their ability to save lives is hindered.

Assault against a firefighter, therefore, is one of the most severely punished assaults outlined in the New York penal code. If you are convicted, you will be sentenced to at least two years in prison. Depending on the circumstances of the assault, you might be sentenced to life in prison.

The severity of the charge means that contacting a defense attorney is imperative. Your future depends on it. Federal Lawyers is a group of New York City lawyers with experience navigating the criminal justice system. One of these attorneys can review your case and provide you with the best criminal defense and options.

Assault on a Firefighter Elements

Two separate felony assault charges relate to the injuring of a firefighter. You will probably be charged with both if you were involved in an assault on a firefighter.

The first charge is second degree assault. In circumstances where you assaulted the firefighter specifically to keep the firefighter from being able to perform their responsibilities, you’ll face a second degree assault charge. This is considered a class D felony. To be charged, you must have caused some kind of physical injury. “Physical injury” is defined by the law as any injury which causes substantial pain or impairment. Firefighters aren’t the only group of people protected by this charge; other emergency service workers such as EMTs and paramedics are also protected.

The second charge is assault on a fireman. This assault charge will be leveled against you if you cause a serious physical injury to a firefighter while intending to prevent them from performing their responsibilities. This is a class C felony. Serious physical injuries are defined as injuries which create substantial risk of dying, causes the death of a person, causes disfigurement or health impairment, or causes an individual to lose a bodily organ.

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Assault Charge Defenses

The type of injury that the firefighter sustained in the assault is significant. To be charged with assault on a firefighter, you need to have caused serious injury. The prosecution will need to prove that the injuries sustained qualify as a serious injury. This means proving that disfigurement or high risk of death was involved.

Legal Scenario: What Would You Do?

Scenario

You got into a heated argument with a firefighter who was responding to a false alarm at your apartment building, and during the confrontation you shoved him, causing him to fall and injure his shoulder. You were arrested and charged with assault on a firefighter, and now you're facing felony charges even though you didn't realize the person was an on-duty firefighter.

How is assaulting a firefighter treated differently than a regular assault charge in New York, and what kind of penalties am I looking at?

Attorney's Answer

Under New York Penal Law § 120.08, assault on a firefighter or emergency medical services professional who is performing their official duties is classified as Assault in the Second Degree, a class D violent felony carrying up to seven years in prison. This is a significant enhancement over a standard third-degree assault charge, which is only a class A misdemeanor with a maximum of one year in jail. The prosecution must prove that the firefighter was engaged in legitimate duties at the time and that you caused physical injury, but they do not necessarily need to prove you knew the person was a firefighter. An experienced defense attorney can challenge the circumstances of the encounter, argue that the force used was minimal or justified, or negotiate the charges down to a lesser offense to help you avoid a violent felony conviction on your record.

This is general information only. Contact us for advice specific to your situation.

Your intention in the assault also matters. For the assault to be considered an assault on a firefighter, you need to have intended to impede them from their firefighting responsibilities. This means that you knew they were a firefighter, and that the assault was based around the intended inhibition of the other person. If you assaulted a firefighter while that firefighter was not performing official responsibilities, you have a defense against the charge.