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A person may be found guilty of assault under the New York State Law if he/she is found to injure another person without legal justification. There are several factors on which the nature of the misdemeanor or felony can be charged:

  • If a weapon was used
  • Extent of which the victim was injured
  • If the injury was caused while committing another crime
  • If the victim was protected under special state law

As per the N.Y. Penal Law § 120.00, a person is charged with misdemeanor assault or also known as Third Degree Assault, if he/she is found guilty of causing reckless or intentional physical injury to someone else. Even if the injury occurred due to criminal negligence instead of actual malice with a deadly weapon, the misdemeanor assault charge may still be applied. The misdemeanor assault is classified as Class A misdemeanor which is punishable by up to one year in jail with $1,000 fine, and/or three-years probation.

The New York State law states two types of felony assault:

  • Class D felony or Second Degree Assault
  • Class B felony or First Degree Assault

Both of these classes involve injuries due to intentional or reckless use of a deadly weapon or dangerous instrument. The injuries may be defined as temporary impairment to long-term disfigurement or significant risk of death.

A second degree assault charge can occur if the person is found guilty of:

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

If a person is found guilty of any of the above charges then, he/she may be sentenced to three to seven years in prison.

First Degree Assault is the most serious assault crime which involves a person causing serious physical injury to someone. A person may be charged with First Degree Assault if he/she is found guilty of:

  • Seriously injuring someone with a deadly weapon or dangerous instrument
  • Permanently disfiguring the other person
  • Recklessly engaging in activities that could potentially kill someone else
  • Assaulting someone while committing or attempting to commit a felony

If a person is found guilty of First Degree Assault then he/she is punishable by up to 25 years in prison.

In general, assault convictions have harsh consequences in New York state and an experienced criminal defense attorney may help mitigate the charges. Contact Aditya Surti Esq. at 201-518-6642201-518-6642201-518-6642 to schedule an appointment at the Jersey City Office or at 732-750-1269732-750-1269732-750-1269 to schedule an appointment at the Woodbridge Office. You can also email us at to schedule an appointment. Appointments can be available on weekends and nights and evenings.