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Westchester County Assault Lawyers

Is Assault a Felony in New York?

Assault is a crime in New York that can range in severity from a misdemeanor, which is punishable by up to 1 year in jail or a felony, which is punishable up to years in prison. Whether or not a person is charged with a Misdemeanor Assault or Felony Assault will depend upon the severity of the injury to the victim and the type of weapon, if any, which was used in the attack.

Most Common Types of Assault in New York

Assault in the Third Degree - A person will be charged with Assault in the Third Degree when with the intent to cause physical injury to another person he or she causes physical injury to such other person. This crime is classified as a Class A misdemeanor in New York and carries a maximum jail sentence of up to 1 year. Lesser sentences could include 3 years of probation and or a fine.
Assault in the Second Degree - This crime is a Class D Felony and carries a maximum sentence of up to seven years in prison. A person can be charged with Assault in the Second Degree in several circumstances but the most typical circumstances are when, with intent to cause serious physical injury to another person, he/she causes such serious physical injury to such a person and when, with the intent to cause physical injury to another person he or she causes injury to another using a deadly weapon or dangerous instrument.
Assault in the First Degree - This crime is a Class B Felony and carries a maximum sentence of up to 25 years in prison. There are various circumstances when a person may be charged with Assault in the First Degree. With the intent to cause serious physical injury to another person he/she causes such serious physical injury to such other person by using a deadly weapon or dangerous instrument; When a person had the intent to seriously and permanently disfigure another person and he/she causes such injury; A person recklessly engages in conduct which creates a grave risk of death to another person and thereby causes serious physical injury to such person; In the course of committing or attempting to commit a felony or flight therefrom he/she or another participant in the in felony causes serious physical injury to a person.
Gang Assault in the Second Degree - This crime is a Class C Felony and carries up to 15 years in prison. A person will be charged with Gang Assault in the Second Degree when a person, who is aided by at least two other people who are present, has the intent to cause physical injury to another person he/she causes physical injury to such other person.
Gang Assault in the First Degree - This crime is a Class B Felony and carries up to 25 years in prison. A person will be charged with Gang Assault in the First Degree when a person, who is aided by at least two other people who are present, has the intent to cause serious physical injury to another person he/she causes serious physical injury to such other person.

If you have been accused or charged with an assault, you should consult with an experienced criminal defense lawyer at Proto, Sachs & Brown, LLP. We are here to protect your rights. Contact us online to schedule your free initial consultation now.

New York Self Defense Law

In New York State the criminal defense of "Self Defense" is also known as Justification. The criminal defense attorney must raise the defense of Justification and the District Attorney is required to prove beyond a reasonable doubt that the accused was not justified.

In New York State the law of self-defense requires that a person may use physical force upon another individual when, and to the extent that, he reasonably believes it to be necessary to defend himself (or someone else) from what he reasonably believes to be the use or imminent use of unlawful physical force by such individual.

The determination of whether a person reasonably believes physical force to be necessary to defend himself (or someone else) from what he reasonably believes to be the use or imminent use of physical force by another individual requires the application of a two part test.

The accused must have actually believed that the individual was using or about to use physical force against him (someone else) and that the defendant's own use of physical force was necessary to defend himself (or someone else) from it and
A "reasonable person" in the defendant's position, knowing what the defendant knew and being in the same circumstances, would have those same beliefs. It does not matter that the accused was or may have been mistaken in his/her belief, provided that such belief was both honest and reasonable.

In many circumstances an accused had to defend themselves against aggression from another person. Sometimes the police do not do an adequate job investigating and determining (or sometimes cannot determine) who was the initial aggressor and responsible for the assault. The police will simply arrest the person who has the least amount of injuries or the person who didn't make it to the police department first to report the assault.

Protect Your Rights

The best criminal defense for an assault case is to carefully set forth a good self-defense argument and challenge the elements of the assault as well as the injury. If you or someone you know has been charged with assault in Westchester County, Rockland County, Putnam County, Dutchess County, Orange County or Bronx County, it is absolutely vital that you seek legal representation right away. The lawyers at Proto, Sachs & Brown, LLP provide highly-skilled and aggressive criminal defense representation and will assist you right away in aggressively defending against your assault charges.

Contact our Westchester County criminal attorneys online or by telephone. We offer Free Consultations and we are here to protect your rights.

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