NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 29th August 2023, 06:27 pm
According to New York law, there are three classifications of assault, which include assault in the first, second, and third degree. Of all the assault offenses, assault in the first degree is the most serious. This offense is a Class B felony that is punishable by up to 25 years in prison.
There are specific components that will mandate an assault in the first degree charge. These factors include an individual who assaults another with the use of a dangerous or deadly weapon and causes significant injury to the victim or a third party. According to the criminal statue in New York, there are many examples of what is thought to be a dangerous weapon. New York law defines a dangerous weapon as a dagger, plastic knuckles, brass knuckles, metal knuckles, a knife, and guns. An automobile is another example of a dangerous instrument, which is as any object that has the ability to cause serious injury or death to another individual.
With the case of People v. Johnson, 967 N.Y.S.2d 217 (2013), the defendant was charged and convicted of assault in the first degree because she assaulted an individual in a way that physically impaired the victim’s face. While the defendant argued that the victim never actually saw a knife, the jury still convicted the defendant based of the victim’s injuries and testimony.
In the case of People v. Dietz, 947 N.Y.S.2d 891 (2013), the defendant was charged and convicted on assault in the first degree because he hit a victim on the face with a glass bottle. As a result, the jury determined that the defendant was intentionally and seriously attempting to cause permanent disfigurement to the victim’s face.
The defendant in the People v. Miller, 966 N.Y.S.2d 88 (2013) was found guilty of assault in the first degree for intentionally and recklessly driving in an effort to evade law enforcement officials. During the course of these events, the defendant hit a pedestrian that resulted in serious physical injuries. It was determined by the jury that the defendant was guilty because his actions were seen as reckless behavior toward human life.
When an individual assaults another while a felony is being committed, which causes serious physical injury, he or she will be charged with assault in the first degree.
What are Defenses to an Assault in the First Degree Charge?
For a jury to find an individual guilty of assault in the first degree, the prosecution must prove that the victim’s injuries were so serious that it could have caused death or permanent physical impairment. When a defendant can prove that the victim’s injures were not serious, it could be an effective defense to an assault in the first degree charge. However, in this situation, an individual may still be charged with assault in the third degree, but the penalties for this offense are not as severe.
According to New York law, self defense is another valid defense in an assault in the first degree case. When using this defense, an individual must prove that the injuries caused to the other person were due to the fact that the defendant acted to protect himself or herself from imminent physical danger.
If you are convicted of assault in the first degree in New York, you may face prison sentence, a fine, probation. Moreover, an individual may also be served an Order of Protection due to a first degree assault charge. It is vital to seek help from a criminal defense attorney who has experience handling first degree assault cases, as a skilled attorney can significantly increase the chances of a positive outcome in court.
NYC Assault In the Second Degree Lawyers
Assault in the Second Degree in New York
When an individual purposefully and recklessly causes physical harm to another individual, it is considered assault. In many circumstances, individuals will be charged with assault when they beat up another individual, which occurred during a mutual fight. In New York, the type of injury that occurred will determine how an individual is charged. Although second degree assault isn’t the most severe assault charge, it does pose serious consequences.
The following are situations of second degree assault:
If an individual assaults another with the intentions to cause severe physical injury to that individual or a third individual, and he or she actually causes physical harm to the intended victims;
An assault on another individual that involves using a deadly weapon or dangerous object;
Instances when individuals who are 18 years of age or older intentionally cause physical injury to a child under the age of 11;
When an individual intentionally causes another individual to become unconsciousness or impaired with controlled substances.
It is also important to note that although a deadly weapon is often thought to be a gun or knife, it can also be classified as any object that can cause serious physical impairment to an individual, such as a baseball bat or golf club.
Those facing second degree assault charges should contact an experienced attorney immediately, as an experienced attorney can establish solid defenses that can combat the charge. These defenses may include:
When an individual faces second degree assault charges, he or she must have caused serious injures to the victim. The prosecutor must prove beyond a reasonable doubt that the injures that occurred were so serious that the victim had significant physical impairment or faced death. If the defense can prove a victim’s injures were not as severe as presented, the charges can be lessened. If a prosecutor decides to drop a second degree assault charge and peruse a third degree assault charge, the penalties will not be as severe.
In New York, there is a justification statute that enables individuals to use physical force against another individual to prevent injuries. If the injuries to the victim occurred because the accused was attempting to defend himself or herself, it is seen as a valid defense against a second degree assault charge. However, the victim must have initiated the altercation for the justification statute to hold up in court.
Sentencing Considerations for Second Degree Assault
If you are convicted of second degree assault, the penalties could include a prison sentence, costly fines, and post-release probation. Moreover, individuals accused of second degree assault may have an Order of Protection issued to them.
Those charged with second degree assault face a Class D felony conviction. In New York, the maximum prison sentence for this charge is seven years. According to New York Penal Law 70.02, assault in the second degree is also considered to be a violent felony, so a judge will be required to mandate a prison sentence of at least two years. In addition, sentencing will be also be determined by past criminal convictions.
Those who are convicted of assault in the second degree must participate in a post-release probation program that will last up to three years. In addition, New York Penal Law 70.45 states those in the program must follow a strict set of rules that will vary from individual to individual. The New York Department of Corrections will decide each person’s rules to ensure a smooth transition from prison to the outside community.
If you are in need of a criminal defense attorney, the skilled team of legal professionals at Spodek Law Group have been serving those in the New York area since 1976. The talented team of attorneys have years of experience with second degree assault cases.
NYC Assault in the Third Degree Lawyers
One of the most common criminal offenses perpetrated in the state of New York is assault. There are a number of crimes which fall under the “assault” umbrella. To qualify as an assault, a crime must involve the reckless or intentional injury of another person.
Three types of assault charges are outlined in the state penal code. The least severe of the charges is third degree assault. This is the charge that will be leveled against you if you cause injury to another person, but that injury is comparatively minor. Punches that cause black eyes or break a nose are usually considered to be third degree assault. Third degree assault is commonly perpetrated in domestic violence situations. It qualifies as a misdemeanor, so the longest jail sentence you might receive is one year.
Even misdemeanor convictions can have problematic effects for your future. Employers will find the conviction when they do a criminal background check. You might also face jail time and difficult probation terms. For this reason, it’s important to contact a New York defense lawyer as soon as you can. Spodek Law Group is a group of lawyers with over forty years of experience navigating the criminal justice system. A representative from the group can review your case, examine your options, and provide you with the best legal defense for the circumstances.
Third Degree Assault Definition
The penal code in New York has three assault charges: first degree assault, second degree assault, and third degree assault. Of these charges, first degree assault is the most serious while third degree is the most minor. It qualifies as a class A misdemeanor. Class A misdemeanors are the most serious type of misdemeanor, and as such, come with a potential jail sentence of one year. That said, they have much more lenient sentencing than felonies, for which you might spend several years in prison.
Third degree assault is a charge that can be leveled against you in the following circumstances:
- You intentionally cause a physical injury to another individual
- You injure an extraneous third party while attempting to injure another individual
- You injure another individual due to recklessness
- You injure another individual due to negligent use of a dangerous instrument or deadly weapon
Deadly weapons are defined in the law as weapons that are easily able to cause a serious physical injury or death. The criminal statute outlines several examples, including but not limited to: knives, daggers, plastic knuckles, metal knuckles, and firearms.
Dangerous instruments are defined as instruments, articles, or substances that have the capability of causing serious injury or death. One example is a vehicle.
Third degree assault is the most common charge when a person starts a physical fight with another individual. To be charged with assault, the victim needs to suffer an injury or injuries which cause quantifiable pain or impairment. The injury does not need to be life-threatening or serious to qualify as assault.
Assault Charge Defenses
When you are charged with assault, the prosecution will need to prove that a physical injury was sustained by the victim. The injury does not need to be severe, but it must have evidence beyond the complaint of the witness.
You can also defend yourself against an assault charge if you were acting in self-defense. New York law permits the use of reasonable force for your self-protection or the protection of another person, provided you’re in imminent physical danger. This defense cannot be raised, however, if you cannot prove to the court that you were facing imminent physical danger.