Assault charges are among the most common our firm sees. Unfortunately, an assault conviction can impact a person for years down the road. If you were simply defending yourself and are now facing an assault charge, or you’re otherwise accused of assault, our firm stands ready to fight for you. Contact the skilled Suffolk County assault lawyers here at Castro & Trodden, LLC for a free consultation today.
Types of Assault Charges in New York
New York law classifies assault offenses based on the severity of the alleged act, the extent of injury caused, and whether a weapon was involved. The primary types of assault charges in New York are as follows:
- Assault in the Third Degree (NY Penal Law § 120.00): This is the least severe assault charge, classified as a Class A misdemeanor. It occurs when someone intentionally or recklessly causes physical injury to another person. Even though this is a misdemeanor, a conviction can still result in jail time and a criminal record.
- Assault in the Second Degree (NY Penal Law § 120.05): A more serious offense, this Class D felony applies when an individual intentionally causes serious physical injury, assaults certain protected individuals (such as police officers, EMTs, or teachers), or uses a deadly weapon during the assault.
- Assault in the First Degree (NY Penal Law § 120.10): This is a Class B violent felony, the most serious form of assault, which occurs when a person intentionally causes serious physical injury using a deadly weapon, engages in reckless conduct showing a depraved indifference to human life, or causes significant injury while committing another felony.
- Vehicular Assault (NY Penal Law §§ 120.03 & 120.04): If a person injures another while operating a vehicle under the influence of drugs or alcohol, they can face either a second-degree (Class E felony) or first-degree (Class D felony) vehicular assault charge.
- Aggravated Assault (NY Penal Law § 120.11): This felony charge is typically reserved for cases where someone causes serious physical injury to a police officer or other protected public servants while committing assault in the first or second degree.
Even a misdemeanor assault charge can carry significant legal and personal consequences, which is why having a team of skilled lawyers in your corner is paramount.
Penalties for Assault Charges
The penalties for assault convictions in New York vary based on the severity of the charge but can include hefty fines, jail time, and long-term consequences such as a permanent criminal record. A brief overview of the potential penalties you may face are as follows:
Assault in the Third Degree (Class A Misdemeanor)
- Up to 1 year in jail
- Probation for up to 3 years
- Fines up to $1,000
Assault in the Second Degree (Class D Felony)
- Up to 7 years in prison
- Mandatory minimum sentencing for certain offenses
- Fines up to $5,000
- Possible post-release supervision
Assault in the First Degree (Class B Felony)
- Up to 25 years in prison
- Mandatory minimum sentencing
- Substantial fines and restitution to the victim
Vehicular Assault (Class E or D Felony)
- Second-degree: Up to 4 years in prison
- First-degree: Up to 7 years in prison
- Driver’s license suspension/revocation
Aggravated Assault (Class C or B Felony)
- Against an officer: Up to 30 years in prison
- Mandatory minimum sentence if a deadly weapon was used
A conviction for any level of assault can lead to lasting damage to your reputation, employment opportunities, and immigration status (if applicable). That’s why working with an experienced Long Island criminal defense lawyer is essential to mitigating the consequences or avoiding conviction altogether.
Potential Defenses Against Assault Charges in NYS
Facing an assault charge doesn’t mean a conviction is inevitable. There are several strong legal defenses that may apply to your case, depending on the circumstances. Some of the most effective defenses against assault charges are as follows:
- Self-Defense: If you were protecting yourself from imminent harm, you have the right to use reasonable force in self-defense. To establish this defense, we must show that you believed you were in immediate danger and that your response was proportional to the threat.
- Defense of Others: Similar to self-defense, this argument applies when you use reasonable force to protect someone else from being harmed. If you intervened in a situation to prevent another person from being attacked, this could serve as a valid legal defense.
- Lack of Intent: Intent is a critical element in many assault charges. If the injury was accidental or resulted from reckless behavior without criminal intent, the prosecution may struggle to prove their case beyond a reasonable doubt.
- False Accusation or Mistaken Identity: Unfortunately, some individuals are falsely accused of assault due to personal disputes, mistaken identity, or ulterior motives. Witness misidentification is a common issue, and we can challenge the evidence against you through alibis, surveillance footage, and forensic analysis.
- Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If there is a lack of credible witnesses, conflicting accounts of the incident, or missing key evidence, we can argue for a dismissal or reduction of charges.
Contact Our Long Island Assault Lawyers
Don’t face an assault charge without a skilled team of criminal defense lawyers in your corner. For years, Castro & Trodden, LLC has effectively represented clients facing assault and other serious criminal charges on Long Island, and we stand ready to help you, too. Contact us today for a free case evaluation.
