New York Assault Penalties

New York assault penalties range based on the specific charges. However, they generally include jail time and a criminal record that can threaten your ability to secure housing, continue your education, and obtain a job.

If you are facing charges, it is important that you reach out to an aggressive assault lawyer. The sooner an attorney is on your case, the sooner they can begin working towards the best possible outcome.

Penalties Associated with Assault

The penalties associated with assault in New York depend on the specific charge. The lowest level of assault, assault in the third degree, is a Class A misdemeanor. It is punishable up to a year in prison and would result in a criminal record.

If an individual is charged with assault in the second degree, which is a D felony, or assault in the first degree, which is a Call B felony, they could be convicted of a violent felony. This can result in serious jail time and stay on their record forever as violent felonies are unable to be sealed in New York.

Enhanced Penalties in New York

There are not many enhanced penalties for assault charges. The most common enhanced penalty is assault charged as a hate crime. If the prosecutor can demonstrate that an assault was motivated by some sort of bias, whether it is gender, ethnicity, sexuality, national origin, or race, it can increase the level of the offense. For example, if it an assault in the second degree, which is normally a D felony, was charged as a hate crime it becomes a C felony.

Technically, assault in the third degree has an enhancement or an aggravated factor if a deadly weapon or dangerous instrument is used. This would increase the charge to assault in the second degree.

What Does the Prosecution Need to Prove?

What New York prosecution must demonstrate to obtain a conviction depends on the specific charge. For example, if someone is charged with assaulting somebody and causing serious physical injury, the prosecutor must show that the defendant intentionally caused the injury and that the injuries do constitute serious physical injuries rather than just physical injuries.

If someone is charged with assault in the second degree that included the use of a deadly weapon or dangerous instrument, the threshold for the injury is lower. The prosecution must show that some sort of weapon or object was used as a weapon to cause the injury. Essentially, the prosecution must show the elements of the specific charge.

An Attorney Can Explain New York Assault Penalties

A person charged with assault in New York should contact an assault lawyer immediately, for several reasons. The most important reason is that an attorney can make sure your rights are protected and can help you taking any action that could harm your case. They can also begin building a defense to help work towards the best possible resolution under the circumstances.

If you are facing assault charges, call an attorney to discuss New York assault penalties. The sooner you speak with an attorney, the better the outcome may be. Call today.