The crime of assault is very serious in Long Island, New York. A person can be arrested on an assault charge for striking another person, but it’s important to note that there are three different degrees of charges that can be placed on the individual. Assault in the first, second and third degrees all have their own set of penalties. It’s important to have an experienced criminal defense attorney representing you if you have been arrested for assault, no matter what its degree. Certain factors are considered in the specific degree with which a person is charged as well, such as if a deadly weapon like a gun was used during the assault offense.
What are the Different Types of Assault Charges in Long Island, New York?
There are many different kinds of assault charges with which a person can be charged. They include the following charges:
• Assault in the third degree or third degree assault – Penal Law 120.00
• Assault in the second degree or second degree assault – Penal Law 120.05
• Assault in the first degree or first degree assault – Penal Law 120.10
• Vehicular assault in the second degree – Penal Law 120.03
• Vehicular assault in the first degree – Penal Law 120.04
The prosecutor can decide which charge to place on the defendant based on a number of circumstances surrounding the incident. Things that are frequently considered in determining the charge include how severe the injury sustained by the victim, the attacker’s motivation and whether a weapon was involved. In many instances, a person who faces an assault charge will also face a secondary charge, such as harassment, menacing or attempted assault. Although the additional charge is a lesser one and does not increase the individual’s sentence, they are included to convict the defendant of a lesser offense in the event that the prosecutor is unable to prove the more severe charge.
Many criminal defense attorneys will try to encourage their clients to take a plea. However, it’s important that the defendant know all of the facts before agreeing to do so. Making a guilty plea often carries severe and long-lasting consequences, including a criminal record and occasionally an order of protection being placed against the individual.
The Degrees of Assault Charges in Long Island, New York
• Assault in the Third Degree: A person can be found guilty of assault in the third degree if he or she causes injury to another person either intentionally or due to negligence. This charge can also be placed on an individual if they are criminally negligent with a weapon. Typically, however, people receive this charge when there are only minor injuries, weapons were not involved and the victim is not a protected person. One of the most common examples of assault in the third degree involved fights between strangers. The charge is also frequently accompanied by lesser charges of attempt to assault, harassment and menacing.
• Assault in the Second Degree: Assault in the second degree is a crime that is considered a class D felony, which means the individual who is convicted of it receives prison time. A person receives this charge if the individual they attacked sustains serious injuries that pose a risk for disfigurement, impairment or death, used a weapon or “dangerous instrument” and the individual attacked was an official (such as a police officer), elderly person or a minor. If a weapon is involved, it doesn’t necessarily have to be used to cause the injury for the person to receive the second degree assault charge.
• Assault in the First Degree: To be charged with assault in the first degree, the individual must have had intent to harm the victim and intended to permanently disable or disfigure them. This degree of assault is considered a class B felony and is the most serious assault charge. A dangerous weapon is also involved in the attack on the victim.
What are the Penalties for the Various Degrees of Assault in Long Island, New York?
There are a number of penalties a defendant can face if they are convicted of the crime of assault in Long Island or anywhere else in the state of New York. The severity of their penalties depends on which degree of assault they are facing. Generally, the penalties for the various degrees of assault are as follows:
• Assault in the First Degree or Aggravated Assault on a Peace Officer: The individual can face anywhere from three to 25 years in prison for assault in the first degree or 10 to 30 years for aggravated assault on a peace officer. The person would also have a fine of up to $5,000.
• Assault in the Second Degree: Someone who is convicted of assault in the second degree would face a minimum of three years to a maximum of seven years in prison, plus a maximum fine of $5,000.
• Aggravated Assault on a Minor Under 11 by an Adult: If the individual is an adult who committed an assault on a minor under the age of 11, they would receive 1.5 to four years in prison and a fine of up to $5,000.
• Assault in the Third Degree: A conviction of assault in the third degree carries a one-year term in jail and/or a fine up to $1,000.
If you have been arrested for assault in New York, you need a skilled Long Island assault lawyer looking out for your best interests. Contact the Spodek Law Group as soon as possible to get in touch with an attorney.