New York Assault Frequently Asked Questions

The simplest definition of assault is intentionally or recklessly physically harming another person. While in some states the crime of an assault is defined as intentionally putting someone in reasonable fear of being physically harmed, but no actual physical contact or injury is required, in New York physical contact and injury are required to be charged with assault.

The definition of simple assault or misdemeanor assault varies by jurisdiction. It typically means that no physical contact occurred at all, but the defendant’s actions caused the victim to be fearful of being harmed. In New York, it is defined as intentional injuring someone or negligently harming someone with a deadly or dangerous weapon.

An assault is “aggravated” if it involves one or more factors that make it more serious. Aggravating factors can include the use of a deadly weapon such as firearm, the victim being a police officer, judge, social worker, or a child, the intent of the defendant, and the seriousness of the injury. An aggravated assault is a serious, violent felony.

There are three general assault charges: assault in the third, second, and first degree. Assault in the third degree is the least serious assault charge. It is a class A misdemeanor. This is typically the charge you will face if you start a physically fight with someone and injured that person. You will also face this charge if you acted recklessly and as a result someone was injured. The charge will be raised to assault in the second degree if the victim suffered serious injuries, or if you used a deadly weapon. Second degree assault will also be the charge you face if you assault someone over 65 years old, someone younger than 11, a law enforcement officer, firefighter, or other official. The difference between being charged with third or second degree assault is important since third degree assault is a misdemeanor and second degree assault is a class D felony. An experienced New York assault lawyer will understand the nuances of each charge and will work hard to ensure that you are not overcharged.

The most serious assault charge is assault in the first degree. It is a class B felony. It carries a possible prison sentence of up to 25 years in prison. You will face this charge if you seriously injured a person using a deadly weapon or dangerous instrument, or if you seriously injured someone during the course of committing another felony.

Yes. In addition to first, second and third degree assault, other assault charges include vehicular assault, reckless assault of a child, aggravated assault, gang assault, assault on a judge and assault on a police or peace officer. These crimes range from class E felonies to class B felonies.

Your sentence may include jail, prison, probation, a fine, or a combination of these different types of punishments. It depends primarily on the type of assault crime of which you are convicted. For a class A misdemeanor, the maximum possible sentence is 1 year in jail and a fine of up to $1,000. For a class E felony, the maximum possible sentence is 4 years in prison and a fine of up to $5,000. If you are convicted of a class D felony, you could go to prior for up to 7, and be required to pay a fine of up to $5,000. For a class C felony the prison sentence is up to 15, while for a class B felony, the maximum possible sentence is 25 years in prison and a fine of up to $30,000. To learn more about sentencing for an assault conviction, contact an assault attorney who has experience in New York criminal courts.

If you are under investigation for misdemeanor or felony assault, you should immediately seek legal guidance from an experienced assault attorney serving clients in New York. Whether it is for a misdemeanor or for a felony, a criminal conviction will impact the rest of your life. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with assault, stalking, reckless endangerment, vehicular assault, and other misdemeanors and felonies. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.