Assault is a common crime both in New York and across the rest of the United States. Assaults can occur during the committing of another crime, or they might occur on their own. Many assaults are a type of domestic violence, and sex crimes and assaults often coincide. Assaults might also occur between people who are under the influence in a public place. The only criteria that an offense must meet to be considered an “assault” crime is for the reckless or intentional injury of another individual to take place.
Many different weapons might be used when an assault occurs. Assault with a knife has the potential of causing serious injury or even death. Knives are easily capable of damaging vital organs, causing a large amount of blood loss, or permanently disfiguring a victim. For this reason, a knife assault conviction comes with hefty penalties. You might be sentenced to years imprisoned and be forced to pay restitution, fees, and fines.
If you’ve been accused of a knife assault, it’s important to get in touch with an experienced lawyer as soon as possible. Federal Lawyers is a group of lawyers in the New York City area who can help you negotiate your case and understand your options.
Specific Charges for Knife Assaults
There are multiple different charges that you might face for a knife assault. The charge that will be leveled against you will vary depending upon the circumstances of the assault and the level of injury the victim sustained. If you assault someone with a knife, you might be charged with first, second, or third degree assault. First degree assault is the most serious assault charge you can face, while third degree is a more minor charge.
New York Penal Law states that a knife falls under the definition of a deadly weapon. Deadly weapons are weapons which have an extreme chance of causing death or permanent disfigurement to another individual. Multiple different types of knives are defined as deadly weapons. Using a knife during an assault is generally considered evidence of your intention to cause injury or serious injury.
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(212) 300-5196First degree assault is the charge you will face if your intention was to cause the victim serious physical injuries, and if you successfully inflicted serious injuries against the victim or a third party. You’ll also be charged with first degree assault if your reckless actions cause serious injury or death to another individual.
First degree assault is a class B felony, one of the most serious felony offenses. This means that you might be charged with up to twenty-five years in prison.
Second degree assault has a definition similar to that of first degree assault. To be charged with second degree assault, your intention must have been to cause injury, but not to cause serious injury. This is a class D felony, which means it carries a potential of seven years in prison.
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Third degree assault is the least serious charge you can face if you assault a person with a knife. This is considered a class A misdemeanor. Class A misdemeanors come with a maximum jail sentence of one year. You might also be sentenced to probation instead of jail time. Third degree assault will be the charge if you negligently harm another person with a knife. Negligence is defined by an individual engaging in any type of conduct which deviates from the usual care that a reasoning person would use in that particular situation.
After a heated argument at a bar in Manhattan, you grabbed a knife from the counter and slashed another patron's arm, causing a deep wound that required stitches. You were arrested and charged with assault, and now you're facing the possibility of serious prison time.
What charges am I likely facing for an assault involving a knife in New York, and what kind of sentence could I be looking at?
In New York, assault with a knife typically results in charges of Assault in the Second Degree under Penal Law § 120.05, a class D violent felony carrying up to 7 years in prison, because a knife is considered a dangerous instrument. If the victim suffered serious physical injury, prosecutors could elevate the charge to Assault in the First Degree under Penal Law § 120.10, a class B violent felony with a maximum sentence of 25 years. An experienced defense attorney can examine whether you acted in self-defense under Penal Law § 35.15, challenge the severity of the injuries alleged, or negotiate the charges down to a lesser offense. Given the mandatory minimum sentences associated with violent felony convictions in New York, securing skilled legal representation immediately is critical to protecting your future.
This is general information only. Contact us for advice specific to your situation.
If you have been charged with first degree assault, your attorney might try to get the charge reduced if the prosecution cannot prove you intended to inflict serious injury.
