In New York, an assault crime can be charged as a felony or misdemeanor, depending on the severity of the injury sustained by the victim and other factors. Assault is defined as intentionally or recklessly hitting or striking another person resulting in injury to that person. Often, individuals who are merely defending themselves are charged with assault if they “win” the fight, so to speak.
There’s a gray area in self-defense, and if it’s deemed you “overreacted” or “went too far,” you will be charged even if you didn’t initiate the assault. Whatever your circumstances, if you’ve been charged with assault in New York, only an experienced and aggressive criminal defense attorney can ensure you get the best outcome for your case.
Types of Assault Charges in New York
- Third Degree Assault – is a class A misdemeanor and requires the prosecution to prove the victim sustained physical injury. For a first-time offender, assault of the third degree carries a local jail sentence of up to one year.
- Second Degree Assault – is a class D violent felony offense which is charged when serious physical injury is caused when one is acting with intent to cause such injury. Second-degree assault can also include the use of a deadly weapon or dangerous instrument. Assault in the second degree carries a mandatory two years in prison and a maximum of seven years.
- First Degree Assault – is a class B violent felony offense and is charged when serious injury is caused by the use of a deadly weapon or dangerous instrument. It’s also charged when the accused intentionally disfigures or permanently disables an organ of the body. For a first time offender, assault in the first degree carries a minimum of five years in prison and a maximum of 25 years.
During his 20 plus years of criminal defense practice, Mr. Parris has mastered the procedural and substantive laws pertaining to assault and battery offenses. If you’re charged with an assault offense, Mr. Parris can maximize the chances that:
- You will be released from custody on the lowest possible amount of bail on your own recognizance.
- You will prevail on a motion to dismiss the indictment – if it’s defective.
- Any evidence illegally seized by investigators will be suppressed.
- You will prevail in a trial case.
- You will get the best plea bargain possible should the evidence be too strong against your case.
- You will receive a non-prison sentence or lowest amount of prison time possible.
New York Domestic Violence Attorney Gilbert C. Parris
Criminal defense lawyer Gilbert C. Parris has been practicing criminal law for over 20 years. He spent years on the other side working as a State Prosecutor in Kings County, NY. He leverages his unique experience on both sides of the courtroom to build strong defense strategies for every client. Mr. Parris can help you navigate your assault and battery charge and ensure you get the most favorable outcome possible.