If you injure another person without legal justification, you may be guilty of assault under New York State law. Like other offenses, assault charges vary by degree. Whether you are charged with a misdemeanor or a felony depends on certain factors, such as:

•     Whether you used a weapon
•     The extent of the victim’s injury
•     Whether you caused the injury while committing another crime
•     Whether the victim was accorded special protection under state law

Misdemeanor assault

Under N.Y. Penal Law § 120.00, you commit misdemeanor assault (also known as Third Degree Assault) when you recklessly or intentionally cause physical injury to someone else. The charge can still apply even if the injury was due to criminal negligence instead of actual malice if a deadly weapon was used.

This category of assault is a Class A misdemeanor punishable by up to one year in jail, a fine, and/or three years probation.

Felony assault

New York law recognizes two levels of felony assault: Second Degree Assault, which is a Class D felony, and First Degree Assault, a Class B felony. Both types cover injuries caused intentionally or recklessly by a deadly weapon or dangerous instrument.  Injuries can vary in severity from temporary impairment to long-term disfigurement or significant risk of death.

Second-Degree Assault

Second-degree assault occurs when you:

• Intentionally injure someone with a deadly weapon or dangerous instrument
• Injure someone who  is performing a lawful duty, such as a police officer, firefighter, paramedic, or medical personnel
• Give someone a drug or substance without their consent with the intent to cause unconsciousness, physical impairment, or injury
• Assault someone younger than 11 or older than 65

If convicted of this Class D felony, you can spend up to seven years in prison. If you are not a repeat offender, a New York judge may opt instead to impose a jail sentence of one year or less.

First-Degree Assault

First Degree Assault is the most serious assault crime. It requires that the person or people you hurt suffer serious physical injury. You can be charged with First Degree Assault if you:

• seriously injure someone with a deadly weapon or dangerous instrument
• permanently disfigure the other person
• recklessly engage in activities that could potentially kill someone else (e.g. driving a vehicle into a crowd)
• assault someone while committing or attempting to commit a felony

First Degree Assault is a Class B felony punishable by up to 25 years in prison.

Understanding the Role of a NYC Assault Lawyer

Assault convictions have harsh consequences, so if you are charged with misdemeanor or felony assault in New York, consult an experienced criminal defense attorney. They can present mitigating evidence, such as self-defense, which could persuade the prosecutor to drop the charges or offer alternatives to a conviction and jail time.

Alternatively, an attorney knowledgeable in New York’s assault laws may be able to convince a jury that you did not intend to harm the other person or, at least, the injuries were not serious enough to warrant a felony assault charge. Whatever the outcome, an experienced defense attorney will make it as favorable as possible for you.

Through the process, your lawyer will:

• Conduct a detailed review of the evidence and circumstances surrounding the alleged assault, including witness statements, medical reports, and law enforcement investigations
• Provide sound legal advice and guidance to help you understand your rights, options, and potential legal strategies
• Construct a strong defense strategy
• Represent you in court proceedings, including arraignment, pre-trial hearings, trial, and sentencing, if necessary
• Negotiate with the prosecution to explore opportunities for plea bargains, reduced charges, or alternative dispositions when appropriate
• Advocate for your innocence and ensure you receive a fair trial with due process under the law

Consult With Our Skilled NYC Assault Attorneys at The Law Offices of Julie Rendelman

If you’re facing an assault charge, contact our skilled NYC assault attorneys as soon as possible. At The Law Offices of Julie Rendelman, we’ve helped numerous NYC residents navigate their cases and can help you do the same.

Julie Rendelman is a New York State criminal defense lawyer representing clients accused of assault. Call 212-951-1232 or complete our online contact form to set up a consultation with Ms. Rendelman.

Frequently Asked Questions

What Qualifies as Assault in New York?

In New York, assault is defined as an intentional or reckless act that causes physical injury to another person. Kicking, striking, and pushing are examples of assault in NY. However, not all types involve direct physical contact from one individual. For instance, if someone were to throw an object at another person and injure them, the object may become the implement of assault.

How Long Do You Go to Jail for Assault in New York?

Jail time for an assault conviction varies based on the specifics of the case. A misdemeanor assault is punishable by up to one year in jail, while first-degree assault can carry a sentence of up to 25 years in prison.

The exact sentence will vary based on the conviction. For example, suppose you’re a first-time offender and convicted of second-degree assault, a Class D felony. The judge may choose to impose a shorter jail sentence of one year or less instead of the longer up to seven-year sentence common in these cases.

Do I Need an Assault Lawyer?

If convicted of assault, you could face serious repercussions, including jail time, fines, and probation. Given the potential impact of a conviction and the complexity of New York’s assault laws, having help from an assault lawyer is essential. Your lawyer will advocate for your rights and fight to secure the best possible outcome. While you’re not required to hire one, having help from a skilled NYC assault lawyer can significantly impact your case.

When Should I Contact an Assault Lawyer?

If you’re facing assault charges, contact a skilled assault attorney in NYC as soon as possible. Don’t wait. Your lawyer will evaluate your case and determine the following steps, ensuring you understand your rights, obligations, and potential consequences if convicted.