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What Are the Penalties for Assault in New York?

September 26, 2014 New York Lawyers

The penalties for assault in New York depend on the type of assault committed. There are many different types of assault, which include assault in the first degree, assault in the second degree, assault in the third degree, vehicular assault in the first degree, and vehicular assault in the second degree.

Which charges are applied to each particular case depend on the circumstances involved. Whether or not a weapon was used, why the attack occurred, and the severity of the injuries suffered are some of the factors that will determine which charges are applied.

Assault in the third degree occurs when a person intentionally or recklessly causes injury to another person, or is criminally negligent with a weapon. Assault in the third degree is a misdemeanor, and is punishable by up to a year in jail. Assault in the second degree is a class D felony, and is punishable by up to seven years in prison. Some of the factors that will cause an assault in the third degree to be raised to an assault in the second degree include if there’s an elderly, minor or official victim, if there are weapons used, and if there are serious injuries. For more minor injuries and fights with no weapons, generally third degree assault charges are sought. First degree assault is a very serious charge and carries a prison sentence of between five and 25 years in prison. Assault in the first degree is a common charge when a person intentionally causes serious physical injury to another with a weapon.

Vehicular assault occurs when a driver causes serious physical injuries. Second degree vehicular assault involves serious injuries and generally involves drunk driving. First degree vehicular assault charges are reserved for those drivers who hurt someone and were extremely intoxicated or have had drinking-related charges in the past.

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