Assault in New York City: Definition, Types and Consequences

As a New York City Criminal Assault Defense Attorney, I often see NYC courtrooms filled with individuals arrested for assault.

New York Assault Law

The United States sees over 800,000 assaults every year.

The crime of assault in New York State can be classified in severity from a misdemeanor to a felony. The severity of the injury incurred by the victim, whether a weapon was used, whether the use of force was justified, and whether the person assaulted was in a protected category all influence the District Attorney’s decision  to bring charges and determine whether a plea offer will be made early on.

Types of Assault

Assault in the third degree is a misdemeanor. Assault in the third degree requires an intent to inflict physical injury and, in fact, physical injury or substantial pain results.

Felony Assaults

• Reckless assault of a child and vehicular assault.
• Assault 2 involves using a dangerous instrument.
• Assault of a peace officer includes attacks on policemen, firemen and emergency medical service personnel.
• Assault with a deadly weapon

Assault charges have specific elements that must be proven by the New York District Attorney.

Assault cases are very often emotionally charged because they involve an injured victim, and the parties often have pre-existing relationships. An experienced New York City Assault Lawyer can investigate all of the elements of your criminal charge and help you develop a viable defense to the charges.

In an effort to protect himself if he is unable to prove a felony assault case, a District Attorney may charge a defendant with various lesser misdemeanor offenses.

If you have been arrested for assault in New York City, it is imperative that you consult with an attorney to ensure that your rights are protected.  Assault crimes can result in consequences ranging from imprisonment, probation, fines to anger management classes.  The factors that affect the outcome of a defendant’s case include whether they have a prior history of assault crimes, prior convictions, current parole or probation and many other variables.

All assault situations are unique. It is very important to have a qualified attorney protecting your rights.  An assault may have been committed as an act of self-defense.  Early preparation in an assault case is essential to a positive outcome.  Contact an attorney today at the Law Offices of Howard Weiner at our 24 hour emergency number (212) 785-1100….to discuss your case.