According to the Penal Law in New York State, assault is considered a criminal offense that occur with you recklessly or intentionally harm another person physically. There are several types of actions that can be considered assault:
• Punching someone
• Shooting another person
• Stabbing a person
• Hitting someone with your vehicle
Assault often means that the victim is hurt painfully and permanently, which carries serious consequences for the attacker. Penalties include several years in prison, as well as high amounts paid in fees, fines and restitution.
Dangerous Instrument
You don’t have to be using a weapon in order to commit assault. The item that you harm the other person with can be an everyday item that is misused for the sake of violence. Though it may not be a dangerous weapon most of the time, it becomes one when you use it in a dangerous way.
If you have an assault with a dangerous instrument charge against you, it will be one of three types of charges: assault in the first, second or third degree.
Assault in the First Degree: You seriously and physically injure another person by using a deadly weapon, or your reckless conduct results in the injury or death of the victim. This is considered a Class B felony.
Assault in the Second Degree: You intend to injure the victim, which is different from the First Degree, in which you intend to seriously injure the victim. For example, with Assault in the First Degree, you may repeatedly hit the victim with a stool over and over, while with Assault in the Second Degree, you may push a person down the stairs in order to cause them harm.
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(212) 300-5196Assault in the Third Degree: This is the least serious charge of the three assault types, and it’s considered a Class A misdemeanor. Assault in the Third Degree occurs when your criminal negligence and use of a dangerous instrument results in the injury of another person. criminal negligence is when your conduct seriously deviates from the reasonable and standard care a person should exercise in a situation.
Defenses
There are two basic types of defenses your lawyer may choose based on your specific case: extent of injury or self-defense.
Extent of Injury: In order for there to be a legitimate assault charge, the victim must experience some sort of physical injury. Legally, this means either substantial pain or physical impairment, and it doesn’t take into account very minor injuries. For example, minor discomfort and temporary bruising would not be considered assault, unless it’s accompanied by a permanent scar or a hospital stay. For more serious assault charges, the injuries must be so severe that they could either lead to death or cause the victim to suffer from the physical impairment for a prolonged amount of time.
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Self-Defense: If you felt that you were in danger, you may be justified in the assault if it was for the sake of protecting yourself. In order for this defense to work, you have to show that the other person posed a serious threat to you and that they started the violence. You also are not able to use this defense if you used more force than was necessary to protect yourself.
After an argument at a bar in Manhattan, you grabbed a pool cue and struck another patron across the head, causing a deep laceration that required stitches. Police arrived and arrested you, and now you're facing charges more serious than simple assault.
What charges am I facing for hitting someone with a pool cue, and how is this different from a regular assault charge in New York?
You are likely facing charges under New York Penal Law § 120.05, Assault in the Second Degree, which is a Class D violent felony carrying up to seven years in prison. A pool cue qualifies as a 'dangerous instrument' under Penal Law § 10.00(13), defined as any object which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. This elevates what might otherwise be a misdemeanor assault charge into a felony. An experienced NYC assault defense attorney can examine whether the injury meets the 'serious physical injury' threshold and explore defenses such as justification under Penal Law § 35.15 or argue that the object did not constitute a dangerous instrument given the specific circumstances of its use.
This is general information only. Contact us for advice specific to your situation.
Contact a Lawyer
If you’ve been charged with assault, you’ll want to contact an experienced criminal lawyer today. Your lawyer will go over the details of your case in order to defend you in the best way possible. If you need a lawyer to represent you in an assault with a dangerous instrument case, contact the Federal Lawyers today.
