Under New York State Law, assault is classified as either third degree assault (when it is a misdemeanor) or second and third degree assault (when it is a felony). Each of these charges has its own specific elements and sets of consequences. Read on to learn more about assault in New York state and, if you have been arrested, turn to the Law Firm of Gianni Karmily as soon as possible for a strong defense.
What Is First Degree Assault In New York?
The most serious assault charge you can get in New York is first degree assault. This charge is a felony and, due to this classification, the associated penalties can be severe. Other circumstances can increase the severity of the assault charge punishment. For example, aggravated assault occurs when additional (aggravating) circumstances accompany the act of the assault.
The penalties for first degree assault in New York are laid out under New York Penal Code § 120.10. According to this code, “a person is guilty of assault in the first degree when:
- With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
- With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or
- Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or
- In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.”
What Are The Penalties For First Degree Assault In New York?
The penalties for first degree assault can include prison time, probation, and a substantial monetary fine. For this reason, it’s crucial to hire an attorney as soon as you have been arrested in Nassau County, Long Island. The penalties for assault can change your life forever, and without proper legal representation, you run the risk of facing serious penalties like jail time.
What Is Third Degree Assault In New York?
If you have been charged with third degree assault in New York, you will face much less severe penalties than someone who has been charged with first degree assault, as this charge is categorized as the least harmful type of assault.
Third degree assault is treated as a misdemeanor under New York State law. The actual definition of misdemeanor assault varies by jurisdiction. However, in New York, it is defined as follows:
“A person is guilty of assault in the third degree when:
- With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
- He recklessly causes physical injury to another person; or
- with criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.”
What Are The Penalties For Third Degree Assault In New York
You can still go to jail for third degree assault in New York. This charge can carry a penalty of up to one year in jail. In some cases, however, in lieu of being sentenced to jail, a judge may sentence you to a three year probation term. Three years of probation is still a serious penalty, which could change your life for the worse.
It’s crucial to hire a criminal defense lawyer as soon as you have been arrested for assault in Nassau County, Long Island. Gianni Karmily is skilled at negotiating with prosecutors and can fight for a favorable plea deal. In some cases, it may be possible to get your charges reduced or dismissed–but you won’t know until you give the Law Firm of Gianni Karmily a call and you schedule a consultation.
Schedule A Consultation With The Law Firm Of Gianni Karmily If You Have Been Charged With Assault In New York
If you have been charged with assault, you need a lawyer right away. The Law Firm of Gianni Karmily has the legal resources you need to fight back and defend yourself against these very serious charges. Gianni Karmily is a tenacious, hard working criminal defense attorney who will fight aggressively to make sure you’re adequately defended against this charge. Call the Law Firm of Gianni Karmily as soon as you have been charged to get started developing a strong case for your defense.