Assault is a criminal offense that involves intentionally or recklessly causing physical harm to another person. To make matters more complex, there are several types of assaults with which a person can be charged under New York Penal Law. If you find yourself facing assault charges, it can help to understand the applicable law and retain the assistance of an experienced criminal defense attorney.
Types of Assault in New York Under New York Penal Law, there are several types of assault offenses. New York recognizes three types of assault based on the presence of violence and whether a firearm was used. The types of assault include the following:
Assault in the third degree. This type of assault is categorized as a class A misdemeanor. A person charged with this offense must have intended to cause physical injury to another individual and must have caused injury to another person.
Assault in the second degree. This type of assault is considered a class D felony. Several factors can increase assault to the second degree, including if a person intended a victim to suffer serious physical injuries. The state of New York considers assault in the second degree to be an injury that creates a substantial risk of death, causes death, or results in serious disfigurement or impairment. Another factor that could lead to charges of assault in the second degree is if a person used a dangerous instrument or deadly weapon. Assaulting a firefighter, law enforcement officer, nurse, or anyone else is also classified as assault in the second degree.
Assault in the first degree. Categorized as a class B felony, assault in the first degree results in a prison sentence of up to 25 years. A person will be charged with assault in the first degree if the individual uses a dangerous instrument or deadly weapon to cause serious physical injury to someone else. Committing a felony that causes serious injury to another person is just one of many factors that can constitute assault in the first degree.
Reckless assault of a child. The state of New York classifies this offense as a class D felony. To be charged with this offense, a perpetrator must be at least 18 years old. The basis of this charge involves causing serious injury to the brain of a child who is less than 5 years old. If reckless assault of a child is committed by a daycare provider, the offense is classified as a class E felony and results in an even more serious charge.
Vehicular assault. The state of New York classifies this offense as a class E felony. A person will end up facing this charge if they drive a vehicle while intoxicated on either alcohol or drugs and seriously injure another individual.
Speak with an Experienced Criminal Defense Attorney If you have been charged with assault of any type, you should promptly speak with an experienced attorney. At Nave Law Firm, we have substantial experience helping people defend against criminal charges and obtain the results they deserve. Contact our law offices servicing Syracuse, Utica, and Albany today to schedule a free case evaluation by calling (315) 285 – 6283.