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Assault Charges and Sentencing in NY

Prison FenceIn New York State, the basic requirement for any assault conviction is that the defendant be proven to have caused physical injury to another person. The degree of conviction (Class B, C, D, E) is determined by the seriousness of the injury, and factors including but not limited to, use of a deadly weapon, and the mental culpability of the defendant.  We suggest you hire an attorney that understands the finer points of these serious charges.  Call the experienced attorneys at E. Stewart Jones Hacker Murphy today at (518) 274-5820 to discuss your case at no charge.

The Difference Between First, Second and Third Degree Assault Charges

An “Intentional Assault” of the first degree or second degree requires proof of intent. Where intent to cause serious physical injury is an element of the offense, the prosecution must prove that the defendant intended to cause serious physical injury beyond a reasonable doubt. When only intent to cause physical injury is required, no additional specific intent beyond the intent to cause injury needs to be proven. A defendant’s intent may be established through actions, conduct, surrounding circumstances, and/or implication.

In New York State, some forms of second degree assault and third-degree assault do not require an intentional state of mind. “Aggravated Assault” is charged when a defendant is believed to have caused serious physical injury to a person known or reasonably should be known to be an on-duty police officer or peace officer; causes such injury with a deadly weapon or dangerous instrument; or a defendant 18 years old or more commits third-degree assault upon a person less than 11 years old and has been previously convicted of the same offense within the last 3 years.

Assault Charges and Conviction

In New York, Assault will be charged as a misdemeanor or a felony, depending on various circumstances.

Assault and Related Offenses

NY Penal Code

  • Assault in the third degree. Class A MISDEMEANOR 120.00
  • Menacing a police officer or peace officer. Class D FELONY 120.18
  • Aggravated assault upon a person less than eleven years old. Class E FELONY 120.12
  • Aggravated assault upon a police officer or a peace officer. Class B FELONY 120.11
  • Aggravated vehicular assault. Class C FELONY 120.04-A
  • Assault in the first degree. Class B FELONY 120.10
  • Assault in the second degree. Class D FELONY 120.05
  • Assault on a judge. Class C FELONY 120.09
  • Assault on a peace officer, police officer, fireman. Class C FELONY 120.08
  • Assault on an emergency medical services professional. Class C FELONY 120.40
  • Gang assault in the first degree. Class B FELONY 120.07
  • Gang assault in the second degree. Class C FELONY 120.06
  • Hazing in the first degree. Class A MISDEMEANOR 120.16
  • Hazing in the second degree. VIOLATION 120.17
  • Luring a child. Class E FELONY 120.70
  • Menacing in the first degree. Class E FELONY 120.13
  • Menacing in the second degree. Class A MISDEMEANOR 120.14
  • Menacing in the third degree. Class B MISDEMEANOR 120.15
  • Promoting a suicide attempt. Class E FELONY 120.30
  • Promoting a suicide attempt; when punishable as attempt to commit murder. 120.35
  • Reckless assault of a child by a child day care provider. Class E FELONY 120.01
  • Reckless assault of a child. Class D FELONY 120.02
  • Reckless endangerment in the first degree. Class D FELONY 120.25
  • Reckless endangerment in the second degree. Class A MISDEMEANOR 120.20
  • Stalking in the first degree. Class D FELONY 120.60
  • Stalking in the fourth degree. Class B MISDEMEANOR 120.45
  • Stalking in the second degree. Class E FELONY 120.55
  • Stalking in the third degree. Class A MISDEMEANOR 120.50
  • Vehicular assault in the first degree. Class D FELONY 120.04
  • Vehicular assault in the second degree. Class E FELONY 120.03

Sentencing for Assault Convictions in NY State

Misdemeanor Assault Sentencing Guidelines

  • Class A Misdemeanor
  • Class B Misdemeanor

Sentencing for a Fraud conviction in New York State can range from no jail time to a maximum jail sentence of up to 12 months. Mandatory New York State surcharges may apply. The court has the discretion to include 3 years of probation, conditional discharge, fines, suspension or revocation of driver’s license, community service, orders of protection, and/or ignition interlock device (which may be required at any level of DWI conviction).

Felony Assault Sentencing Guidelines

Refer to special guidelines for New York Felony Drug convictions when defendant has been charged or convicted of a drug-related felony, DWI or DWAI and/or sexual assault.

  • Class B Felony Maximum Sentence: 25 years
  • Class C Felony Maximum Sentence: 15 years
  • Class D Felony Maximum Sentence: 7 years
  • Class E Felony Maximum Sentence: 4 years

Misdemeanor and Violations convictions are processed under separate guidelines.

Assault Charge Conviction

In the U.S., any felony conviction will result in termination of rights and freedoms that most U.S. citizens enjoy. An Assault conviction will likely impact employment, financial and educational opportunities, and impact personal, family and social relationships, especially when a Separation, Divorce, Family Court or Family Services are involved.

A felony assault conviction could also have a negative impact on any pending immigration proceedings. An experienced criminal defense lawyer is your best defense in clearly explaining and possibly reducing the impact of an Assault, or any other criminal charge.

Hire the Best Attorney for You

Hiring the best criminal defense attorney you can afford is sound advice. Just as each case is unique, so are lawyers. You will want to find an experienced and dedicated attorney that you trust with your future. Our Criminal Defense Attorneys are very familiar with the various courts, Judges and District Attorneys and able to effectively defend clients facing criminal charges in all Capital Region courts.

Affordable Representation

Our award-winning law firm is comprised of extremely passionate attorneys and professional legal staff dedicated to providing each client with exceptional and affordable representation. We suggest you contact other law firms in advance to learn more about the way they would handle your case and what fees they would charge. Then call us. Our attorneys will listen to your situation, allow you time to ask questions and then provide a no-obligation quote on the spot.

Speak with a Criminal Defense Attorney Today

Call Us for a Free Phone Consultation or schedule a confidential in-person meeting at one of our convenient offices in Albany, Latham, Saratoga Springs or Troy, NY.

If your situation is urgent, Contact Us Now. (518) 274-5820. Our attorneys are always available to help you, 24 hours a day, 7 days a week, 365 days a year, even on the holidays.