New York Assault Laws- Troy Smith, Attorney at Law

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New York Assault Laws

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New York Assault Laws can be very confusing and are equally dangerous. In all of the frenzy, it can be hard enough to know what to do let alone understand what is going on.

New York Assault Laws: Degrees of Assault

Assault in the Third Degree

Of the three levels, this is the only Misdemeanor. It is considered Class A and entails that the accused of committing the act intended to cause injury to another person or recklessly did so. The pain would have to be something more than a few cuts and bruises. There would need to be substantial pain or impairment of physical condition and no particular category for the victim. In this instance; this charge is punishable by up to a year in jail and one thousand dollars in fines.

Assault in the Second Degree

The lesser of the two felonies, this accusation is classified as Class B. As with the third degree, intent is a prerequisite. The difference is that serious physical injury has occurred and a dangerous instrument or weapon used against an official, minor or elderly victim. If convicted, the mandatory minimum for this crime is two years in prison and a maximum of seven years with a fine up to $5,000. If Aggravated Assault on a minor under the age of 11 and committed by an adult, the punishment may be between one and a half to four years in prison and up to a five thousand dollars fine.

Assault in the First Degree

The most severe of the three, this crime shares the need for intent to cause physical harm. However, in this case, the physical injury caused is a product of the involvement of a deadly weapon or dangerous instrument with the intent to disfigure, destroy or disable a member or organ of the victim. This is punishable by three to twenty-five years in prison unless aggravated assault on a peace officer, which is ten to thirty years, and up to a five thousand dollars fine.

Defenses

Your lawyer may have a few ways to negotiate a lesser charge or even have the case dismissed. Lack of injury would be one way. If the injuries are just a few minor cuts and bruises or they existed before the incident, this would be applicable. Lack of intent is another. Intent can be hard to prove in some situations. Consent would be a possible defense. However, this would not apply to third and second-degree assaults. And justification might be another. Such would be the case if the accused were defending themselves or others.

Prior Convictions

If in the previous ten years, there was also an incident where the Plaintiff was involved in a brush with the law, there might be a higher range of punishment. Regardless of whether the felonies were violent or non-violent, and in some cases, whether they were even felonies, New York Assault Laws require that they be taken into consideration.

Legal Defense

New York assault laws can be very complicated. With your future on the line, this isn’t something at which you would want to try your hand. Felonies can stay on your record and affect things like employment options and the right to vote. The sooner you speak to an attorney, the better! They can answer any questions you may have and perhaps explain what you’re going to be facing. You’ll want to find someone with felony experience and someone who has been in the area a while. If they have been practicing law in the area you were charged, they will most likely have been in the court you will be assigned. Try to find someone with a strong reputation. Research a few and then call them and speak to them. Make sure they can not only handle the task┬ábut easy to communicate with.

Costs

No attorney’s fees are going to be cheap, and they range depending on a lot of factors, the largest being your case. Depending on the charge, the fines can range from one thousand to five thousand dollars alone! And you would still be serving time in prison if found guilty. Take into consideration what you are risking without representation and what you might lose. A professional who understands the intricacy of the law is worth the cost. And no good attorney is going to be cheap. New York assault laws are a serious matter! Don’t think of it as an expense. Consider it an investment in your future. After all, that’s what’s at risk!

Knowing where to can be the hardest part, but this should be useful. For more information about the different degrees of assault, look at this page. You can also check here to read more and find out about an attorney who may be able to help you and answer any questions you may have about your case.