The charge of assault under New York state law is a serious charge. You can face jail time and financial penalties if you are convicted of assault, so it is in your best interest to retain council that can work on your behalf. Assault cases are often filled with witness testimony, pitting one side against the other. Working with an experienced attorney like David Galison can help you produce a logical defense and properly provide your version of the events in front of the court.
The most basic assault charge under the law is assault in the third degree. This charge is a Class A misdemeanor, and can carry up to a year in prison if you are convicted. The definition of this kind of assault is simple – if you intend to cause physical harm to someone, and actually do cause that harm, you are guilty of assault under the law. Also, acting in a reckless manner and causing harm to an individual can be brought as an assault charge in the third degree.
For an assault to escalate from third to second degree, the accused must have caused the injury through the use of a dangerous weapon. These charges are a Class D felony and can lead to as much as seven years in prison.
The top of the assault class is first degree assault, which is a Class B felony. Acting with intent to ‘permanently disfigure or disable’ and succeeding in doing to will lead to charges of first degree assault. Those convicted of this charge face the maximum sentence of 25 years in prison.
If you have been charged with any degree of assault in the state of New York, contact our office at 516-242-4477 right away. We will be happy to provide you with a free consultation and get started working on the details of your case. We look forward to your call.