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(347) 974-9434
Assault charges in New York range from third-degree, which is considered a misdemeanor, to first-degree assault, which is a felony
What is attempted assault in the Third Degree?
Assault in the Third Degree is considered a Class A misdemeanor and can result in probation, fines, restitution, and up to 1 year in jail
Assault in the Third Degree is the least severe assault charge. This charge involves intentionally causing physical injury to another person, recklessly causing physical injury, or causing injury through criminal negligence with a weapon.
Intent In Assault in the Third Degree
In New York assault cases, Intent is a critical element.
To be convicted of assault, prosecutors must be able to prove that you had the intention to cause physical harm to the victim. If you cause harm to another person by accident, it may not be classified as assault because there was not an intent to harm. Reckless behavior can still fall under assault if you consciously disregard the risk of causing injury.
The Difference Between Assault and Battery in New York City
Assault and Battery are used interchangeably in everyday language. These two terms have distinct legal definitions and implications.
In many jurisdictions, assault reefers to the threat or attempt to injure.
Battery refers to the actual physical contact and harm. However, in New York, the term “Battery” is not commonly used in the legal system. Assault charges in New York are complex and require a deep understanding of the degrees of charges, the importance of the intent, an understanding of legal definitions, and the distinction between offenses.
Domestic Assault and Family Violence
In New York, there is not a separate offense specifically called “domestic violence.”
Acts that would be considered domestic violence are prosecuted under existing statutes, including various degrees of assault, stalking, menacing, and strangulation, among others.
When these crimes are committed within a domestic context, meaning between family members, intimate partners, or individuals in a domestic relationship, they are treated with the same severity as similar crimes committed outside of such a relationship, but with additional considerations related to the domestic context.
The domestic context can influence:
The relationship between the alleged offender and the victim can lead to specific domestic violence charges. If an assault occurs and you are in an intimate relationship with that person, your case may be classified under family offenses which are handled in both Family and Criminal court.
An order of protection is often issued in domestic cases, which serves to prevent further harm or harassment to the victim. Orders of protection can be readily applied in domestic situations due to the ongoing risk of contact between yourself and the other party.
Sentencing for assault charges is based on the degree of the offense.
During sentencing, judges may consider the nature of your relationship. This may result in mandated programs like batterer intervention programs and other rehabilitative measures.
In addition to domestic violence charges, you may find yourself in Family Court if there are concurrent issues such as custody, visitation, and child support that need to be addressed.
Repeat offenses in a domestic context may lead to enhanced penalties including elevated charges for repeated violations of orders of protection.
While New York does not define domestic violence as a separate offense, the state’s criminal justice system is structured to address it through a variety of existing criminal charges and with additional measures that acknowledge the serious impact of crimes committed within a domestic setting.
Assault with a deadly weapon is a serious offense that involves attacking another person with an object capable of causing serious physical injury or death.
Assault with a deadly weapon is usually charged as second-degree or first-degree assault, depending on the intent and the extent of the injury caused. This charge is considered a felony with significant penalties and includes long-term imprisonment.
Conviction of Predatory Sexual Assault in New York can result in severe penalties including life imprisonment.
Under New York law, Predatory sexual assault is one of the most serious sexual offenses and involves committing a first-degree rape, criminal sexual acts, aggravated sexual abuse, or forcible touching against another person, and is often characterized by the use of physical force, the threat of force, or the incapacity of the victim.
In the state of New York, Vehicular assault offenses are treated as felonies. The severity of your charges increases with the harm caused and the recklessness of your behavior.
In New York, Vehicular assault involves causing serious physical injury to another person as a result of driving a vehicle while intoxicated or impaired by drugs.
Aggravated vehicular assault may be charged if you have a high blood alcohol concentration, if you have a previous conviction for driving while intoxicated, or cause serious injury to more than one person.
In the state of New York, reckless assault refers to recklessly engaging in conduct that creates a grave risk of serious physical injury to another person.
Reckless assault often does not involve intent to cause harm but rather a disregard for the substantial risk of such harm occurring.
If there was a weapon involved or the degree of risk of a weapon, reckless assault can be charged as varying degrees of assault.
Each type of assault case carries its own set of legal complexities.
Penalties for assault charges are influenced by two main factors; the degree of the offense and the defendant’s criminal history. The repercussions are multi-faceted and severe. Being guilty of assault includes monetary fines, probation, and imprisonment.
An example of a Class A Misdemeanor would be Third-Degree Assault with fines reaching up to $1,000 and a maximum sentence of up to 1 year in jail.
An example of a Class E Felony would be the reckless assault of a child or the Aggravated assault of a person less than 11 years old. Second-Degree Vehicular Assault is also an example of a Class E Felony. The maximum sentence is up to 4 years in prison with fines reaching up to $5,000.
Examples of a Class D Felony include the reckless assault of a child, First-Degree Vehicular Assault, and Second-Degree Assault. The maximum sentence for this charge is up to 7 years in prison with fines reaching up to $5,000.
An example of a Class C Felony would be Second-Degree gang Assault with a maximum sentence of up to 15 years in prison and fines of up to $15,000.
Examples of a Class B Felony include First-Degree Assault and First-Degree Gang Assault. The maximum sentence for this charge is up to 25 years in prison with fines reaching up to $30,000.
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A common defense strategy in an assault case is claiming self-defense or defense of others. A person may use reasonable force to protect themselves or someone else from imminent physical harm under New York law. The force used must be proportional to the threat faced.
Using deadly force in response to someone threatening you with non-deadly force is an example. Witness testimony, medical reports, and surveillance footage is evidence that can be critical in sustaining a self-defense claim.
In New York, the law requires that the prosecution proves intent to cause injury for a conviction in many assault cases. If you did not have the intent to harm, or if the harm was accidental, you may have a solid defense.
Mistake identity may be raised as a defense if you were incorrectly identified as the perpetrator. Mistaken identity could occur due to various reasons such as unreliable eyewitness testimony, poor lighting, and other factors leading to misidentification. Utilizing forensic evidence or presenting an alibi can be vital in supporting these defenses.
You may be able to argue that the prosecution has insufficient evidence to prove your charges beyond a reasonable doubt.
Contradictory evidence can be presented with the defense challenging the credibility of the prosecution’s evidence and witnesses.
This challenge may include demonstrating the impossibility of the assault as described, highlighting inconsistencies in witness testimonies, or showcasing evidence that calls into question the validity of the prosecution’s case. The defense may also work to demonstrate your character and reputation to counteract allegations.
When facing assault charges, sometimes, the evidence against you may be strong. There may also be other factors that make a full acquittal unlikely. In such cases, the defense strategy may involve negotiating a plea deal with the prosecution.
A Plea Bargain may result in reduced charges or a lighter sentence in exchange for a guilty plea. With skilled negotiation, A Plea Bargain can be a pragmatic approach that can spare you the uncertainty and expense of a trial.
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An assault conviction has immediate and far-reaching effects
→ An assault conviction can affect housing prospects as landlords may be reluctant to rent to you if you have a violent criminal history
→ It may affect employment opportunities when an employer runs a background check
→ You may lose certain professional licenses
→ The forfeiture of certain civil rights such as voting or owning firearms; and
→ Immigration consequences for non-citizens
For those convicted of assault, probation is a common alternative to incarceration for those convicted.
Probation is common for lower-degree offenses or first-time offenders. Conditions of probation may include counseling, meeting with a probation officer, avoiding further legal trouble, and adhering to a curfew.
Parole is the supervised release of an incarcerated individual before the completion of their maximum sentence. To be granted parole, an inmate must typically undergo a hearing. Factors such as remorse, behavior in prison, and the plans for post-release are considered at the hearing. Violation of the terms of parole or probation may lead to being taken back into custody.
New assault laws incorporate specific provisions that address the nature of the victim, the motivation behind the crime, and the criminal history of the offender. these special considerations significantly affect the severity of the charges and penalties imposed upon conviction. The following special considerations are integrated into assault offenses in New York.
Assaulting a police officer may be charged as assault in the Second Degree, even if the injuries are less severe, which is a Class D Violent Felony
Public servants include police officers, firefighters, paramedics, teachers, or, any other government officials. Assaults against public servants are taken very seriously in New York. If you are convicted of assaulting a public servant while they are performing their official duties, the offense is often elevated to a higher degree of assault.
When an assault is determined to be a hate crime, the assault is subject to enhanced sentencing guidelines.
In the state of New York, hate crimes are a distinct offense where the perpetrator will target their victim due to their perceived or actual race, color, national origin, ancestry, gender, religious practice or religion, disability, age, or sexual orientation. To reflect the gravity of the bias motivation behind the act, an assault charge can be elevated when it is determined to be a hate crime.
Under New York law, assaults involving minors or individuals who are considered vulnerable due to age, disability, or other factors are subject to special considerations.
These cases are treated with additional severity with the law providing far greater protection for these individuals.
Assaults against children can lead to charges such as
→ Endangering the welfare of a child; or
→ Depending on the degree of the injury and the age of the child, aggravated assault of a child is a felony.
Offenses against vulnerable adults can lead to elevated charges and sentences.
Prior convictions can significantly impact the charges and penalties in current assault cases.
In the state of New York, under the habitual offender laws, individuals with previous convictions, particularly for violent crimes, may face enhanced penalties. The habitual offender law aims to impose more severe punishment on repeat offenders in an effort to deter future criminal activity.
During the sentencing phase, prior convictions are taken into account and can elevate the seriousness of the charges, which can lead to higher fines, longer prison terms, and stringent conditions upon release.
The terms “dismissed charges” and “dropped charges” are often used interchangeably. Both terms are considered favorable outcomes but are subject to different legal considerations when it comes to timing.
Unless a charge has been filed, The District Attorney cannot dismiss a case against a defendant. However, a charge may be dropped either before or after a case has been filed. A charge can be dropped before trial in New York City.
It is also possible to not file charges. In this case, the District Attorney decides not to file a lawsuit after an arrest. This is usually the most ideal outcome if you have been arrested in New York City.
Assault charges have immediate and permanent consequences. A knowledgeable criminal defense attorney can help you understand the challenges you face being charged with assault in the Third Degree in New York City.
In some cases, an experienced attorney can present a compelling case on your behalf and can help you increase the chances of your case being dismissed, dropped, or not filed.
Attempted Assault in the Third Degree charges are complex. For immediate assistance with your case, call us at 347-974-9434 for a free consultation.
Assault charges can be life-changing. If you are facing charges, call us immediately for help with your case.
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