Assault

In New York State, when you injure someone without any justification to do so, you may be guilty of assault. 

New York State law distinguishes between three degrees of assault: Assault in the third degree, Assault in the second degree, and Assault in the first degree.

Assault in the Third Degree

Assault in the third degree is the least severe of the three and is defined as intentionally causing physical injury to another person, or recklessly causing physical injury to another person, or if, with criminal negligence, you cause physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the Third Degree is a class A misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000.

Assault in the Second Degree

Assault in the second degree is defined as intentionally causing serious physical injury to another person or causing physical injury to another person using a deadly weapon or dangerous instrument.  Assault in the Second Degree also covers a situation where you recklessly cause serious physical injury by means of a deadly weapon or a dangerous instrument.

You may also be guilty of Assault in the Second Degree if you injure someone who is performing a lawful duty, such as a police officer, a firefighter, a district attorney, a medical provider, or a public service employee like a crossing guard, a sanitation worker, a traffic enforcement officer or the like.

Assault in the second degree is a class D felony and is punishable by up to seven years in prison and a fine of up to $5,000 [3].

Assault in the First Degree

Assault in the first degree is the most severe and is defined as causing serious physical injury to another person using a deadly weapon, or with intent to an injury, you cause such injury to a police officer, firefighter, or emergency medical services professional.

Assault in the first degree is a class B felony and is punishable by up to 25 years in prison and a fine of up to $5,000.

In addition to the three degrees of assault described above, there are other crimes of assault, or crimes related to assault such as Stalking, Menacing, Assault on a Peace Officer, Hazing, Luring a Child, Promoting a Suicide Attempt and others such as Gang Assault in the First and Second Degrees and Vehicular Assault.

Thes differnent crimes of assault are defined in the New York State Penal Law Article 120 [1], and each one of them carries with them seroius penalties.

If you are charged with any of the listed crimes of assault, the best thing you can do is speak with an experienced criminal defense attorney, like Tom Tormey, because any crime of assault is treated very seriously and you could end up with a criminal record or even time in jail.

Don’t play games with your life, call today.

Copyright, May 31, 2023, Thomas A. Tormey, Jr.