New York Assault With A Knife

Assault is one of the most common crimes. Assaults occur during the commission of other crimes such as burglary, robbery, and rape. Assault is a common type of domestic violence. Assaults often occur between people who are under the influence of alcohol such as bars, night clubs and parties. While many different weapons may be used during an assault, when a knife is used the victim can be seriously injured. A knife could easily damage a vital organ, cause the victim to lose a great deal of blood, or could result in permanent disfiguration. Thus, if you are convicted of assault with a knife, the consequences are harsh. You could end up spending years in prison and paying significant fines, fees, and restitution. Thus, if you are in need of a criminal lawyer because you have been charged with assaulting someone with a knife it is important that you immediately contact an experienced New York assault lawyer who will explain to you your legal rights and aggressively defend you until your case is resolved.

The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with assault and other serious crimes such as domestic violence, DWI, grand larceny, and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.

An assault with a knife charge can be any one of a number of different types of assault charges including assault in the first degree, assault in the second degree, and assault in the third degree. Under New York Penal Law a knife is considered a deadly weapon. N.Y. Pen. Law § 10.00(12). There several different types of knives including a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, box cutter and dagger. If you use any type of knife while assaulting someone and you injure that person, the assault is likely to result in a serious charge as using a knife will show your intent to cause injury. In addition, the use of knife is more likely to cause the victim serious injuries and permanent disfiguration.

Assault in the first degree . You will face a change of assault in the first degree if with intent to cause serious physical injury if you seriously injure another person or a third person with a deadly weapon such as a knife. Or, with indifference to human life you engage in reckless conduct that results in the death or injury of another person. N.Y. Pen. Law § 120.10. As it is one of the most serious assault offenses, assault in the first degree is a class B felony. For example, in People v. Abdul-Khaliq, 841 N.Y.S.2d 551 (2007) defendant Khalif Abdul-Khaliq was convicted of assault in the first degree based on slashing the victim's face. The victim required 31 stitches.

Assault in the second degree. Assault in the second degree with a knife is similar to assault in the first degree with a knife. The difference is that with second degree assault, you intend to injure another person, while with first degree assault your intent is to seriously injure another person. N.Y. Pen. Law § 120.05. and 120.10. Assault in the second degree is a class D felony. For example, in People v. Jones, 973 N.Y.S.2d 136 (2013) defendant Marvel Jones was convicted of assault in the second degree based on cutting the victim in the face with a razor with the intent to cause serious injury. Similarly, in People v. Taylor, 986 N.Y.S.2d 711 (2014), after using a pocket knife to cut a cab driver in the abdomen, the defendant was convicted of second degree assault with knife.

Assault in the third degree . Assault in the third degree is the least serious assault with a knife crime. It is a class A misdemeanor. You will face this crime if with criminal negligence you cause physical injury to another using a knife. N.Y. Pen. Law § 120.00. Criminal negligence is defined as engaging in conduct that grossly deviates from the standard of care that a reasonable person would use in that situation. N.Y. Pen. Law § 15.05(4)

Extent of injury. To sustain any assault with a knife charge, at a minimum the victim must experience a "physical injury." As a physical injury is defined by New York Penal law as an impairment of physical condition or substantial pain, most knife wounds would likely qualify. This would be enough for an assault in the third degree. Other assault crimes such as assault in the first or second degree require that the victim sustain a serious physical injury. This means that the prosecutor's evidence must clearly show that the victim suffered more than a slight prick with the knife or a flesh wound. The injury must be so severe that the there was a good possibility that the victim could have died or suffered an extended physical impairment. N.Y. Pen. Law § 10.00(10). If you can show that the victim's injuries were actually not that severe, then you may have a valid defense to assault in the second degree charges.

Self-defense. New York has a "justification" statute that allows you to use physical force against another person to protect yourself from imminent harm. N.Y. Pen. Law § 35.15. This type of defense is commonly referred to as self-defense. If the reason that you used a knife to injure the other person is because you were protecting yourself or a third party then you may have a valid defense to an assault charge with a knife. However, to use the justification defense the other person had to have initiated the violence and not you. In addition, you cannot use more force than is reasonably necessary to protect yourself. If you had the opportunity to retreat but instead you used a knife, the court may not be swayed by the justification defense.

Whether you go to jail or prison for an assault with a knife conviction depends on the specific charge of which you are convicted. A conviction for misdemeanor third degree assault with a knife will result in a far less severe sentence than a conviction for felony first degree assault with a knife. While if you are convicted of third degree assault with a knife you may avoid prison, in most cases for a conviction of assault with a knife you will end up going to prison for at least 2 years. The actual length of your prison sentence will depend on factors such as your prior criminal record.

• Prior convictions: Prior convictions include felony convictions within the last 10 years.
• Non-violent predicate: A non-violent felony conviction within the last 10 years.
• Violent predicate: A violent felony conviction within the last 10 years.
• Persistent felony offender: At least 2 prior felony convictions.

In addition, there will be financial consequences in the form of fines, fees, and restitution.

• Class A misdemeanor. The maximum possible sentence is 1 year in jail and a fine of up to $1,000.
• Class D felony. The maximum possible sentence is 7 years in prison and a fine of up to $5,000.

  - No prior convictions: Minimum 2 years in prison

  - Non-violent predicate: Minimum 3 years in prison

  - Violent predicate: Minimum 5 years in prison

  - Persistent felony offender: Minimum 12-15 years in prison; maximum life

  In People v. Taylor, 986 N.Y.S.2d 711 (2014), upon being convicted of second degree assault with knife, the defendant was sentenced to 7 years in prison.

• Class B felony. The maximum possible sentence is 25 years in prison and a fine of up to $5,000.

  - No prior convictions: Minimum 5 years in prison

  - Non-violent predicate: Minimum 8 years in prison

  - Violent predicate: Minimum 10 years in prison

  - Persistent felony offender: Minimum 20-15 years in prison; maximum life

For example, in People v. Abdul-Khaliq , after being convicted of first degree assault with a knife, because the defendant was a second time felony offender, the court sentenced him to 15 years prison.

For assault with a knife offenses that are class B or class D violent felonies, you will be required to serve 6/7 of your sentence before you will be eligible for release.

If convicted of a felony assault offense based on using a knife, because such an offense is a also a violent felony part of your sentence will include a term of post-release supervision of 1.5-3 years for a class D felony and 2.5-5 years for a class B felony. N.Y. Pen. Law § 70.45(2)(e). For example, in People v. Taylor, in addition to be sentenced to 7 years in prison, the defendant was also sentenced to 3 years of post-release supervision.

There will be several rules that you must follow while you are on post-release supervision, called the conditions of post-release supervision. While certain rules will apply to all on post-release supervision, there may be specific rules applied to your post-release supervision to help ensure a smooth, crime-free transition from prison back into the community. The general conditions are:

• You must go directly to the area to which you have been released
• Within 24 hours you must report to the Division of Parole
• You must report to your Parole Officer regularly
• You must submit to home visits and searches by your Parole Officer
• You must submit to visits by your Parole Officer at your job
• You cannot leave the State of New York without permission
• You must let your Parole Officer know if you change residences or change jobs
• You must respond promptly and truthfully to any inquiries from your Parole Officer
• You must inform your Parole Officer if you are arrested or contacted by law enforcement
• You must not associate with people who you know to have criminal records
• You must not break the law or do anything to threaten the safety of others
• You cannot own, possess, or purchase a shotgun, rifle, any other type of firearm, dangerous knife or any other type of deadly weapon
• You must not use or possess drug paraphernalia or any controlled substance

If you violate any of the conditions of your post-release supervision, you will have to appear before a judge at a revocation hearing. The judge will decide whether to allow you to continue with the post-release supervision with the terms undisturbed, to change the terms of your post-release supervision, to send you back to jail for a period and then allow you to return to post-release supervision, or to require you to return to prison to serve time for violating your post-release supervision.

In addition to having to pay a fine of up to $1,000 for a misdemeanor assault with a knife conviction or up to $5,000 for a felony conviction, you will be required to pay certain fees including a "mandatory surcharge" of $300 as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. You may also be required to pay parole supervision fees of $30 per month.

Another financial consequence of an assault with a knife conviction is that you may be ordered to pay restitution to the victim. Generally, the maximum amount of restitution is $15,000. However, the restitution may be considerably more as medical expenses for knife wounds can be significant and the court may require you to pay those expenses.

Failure to pay a fine, fee or restitution may result in your being charged with a misdemeanor and sent to prison for up to a year, your wages being garnished or a judgment being filed against you. However, the court may lower the amount of restitution or modify payment terms if you show the court an inability to pay.

If you are charged with criminal assault, it is routine for the prosecutor to request that the judge issue a temporary order of protection against you in favor of the complaining witness. The complaining witness is the victim. An order of protection is a legally enforceable order issued by the court that forbids you from engaging in certain behavior. For example, an order of protection can forbid a person from having any contact with the victim. This means that you will not be permitted to go to the victim’s home, place of employment, or school, or contact that person via email, phone, text or any other electronic means. The order of protection will also order you not to assault, threaten, harass, or stalk the victim.

A temporary order of protection usually lasts until the next court date when it can be extended. Depending on the outcome of the case, a final or permanent order of protection will be issued at the end of the case. A final order of protection can last from one year to several years. If the case is dismissed the order of protection will end.

If you are arrested for cutting or stabbing someone, assault with a knife will not likely be the only criminal charge you face. Depending on the facts of your case, you may also be charged with criminal possession of a weapon, burglary, robbery, sexual assault, manslaughter, or homicide. Any additional charge could result in an addition conviction. You will receive an additional sentence based on any additional convictions.

Even if you are convicted of only a misdemeanor assault with a knife charge and receive a sentence that includes little or no jail time, there will be additional consequences. You will have a criminal record that will impact many aspects of your life. For example, you will be barred from working in certain professions such as being a teacher or a lawyer. In addition, you will no longer to be able to own a gun, serve in the military, or serve on juries. Some schools may refuse admission or ban you from living on campus. You will also not be able to receive certain government benefits such as welfare or federally funded housing. Furthermore, a felony conviction may affect your custody and visitation arrangement with your children. If you are not a U.S. citizen, under federal law you may be subject to deportation.

Being arrested for assault with a knife is serious. If you are convicted, in addition to being sent to prison, many other aspects of your life may change forever. However, there may be defenses that could result in the charge being reduced or dropped. Or such defenses may be used during trial resulting in an acquittal. However, only an experienced practitioner would be able to understand how to successfully apply defenses. If you have been arrested for assault with a knife, contact Stephen Bilkis and Associates. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of assault in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.