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Last Updated on: 26th July 2023, 08:56 pm
Assault is a criminal offense involving recklessly or intentionally harming a person. Assault has varying degrees that relate to the severity of the victim’s injury. They also refer to the means used to accomplish assault. Assault in the first degree is referred to as the most severe sort of assault. As a matter of fact, it is considered as one of the gravest crimes. Under the New York penal code 120:10, the prosecutor must show the following for you to be convicted of assault.
1. That you injured an individual while committing a class B felony, or
2. That you injured someone seriously, and you did it in a manner suggesting you had a debauched indifferent to human life.
3. That you injured a person, that you had the intent to permanently and seriously disfigure
4. That you injured someone using a dangerous instrument or a deadly weapon, and you had the intention to cause harm.
Examples of Crimes
Following an argument in a nightclub, a young man followed a girl outside the bar and hit her face with a bottle. The woman got injured. Even though the woman had no serious injury, the young man could fall into prosecution for the first-degree assault. Because he threw a bottle, it is often inferred that he had the intention to permanently and seriously disfigure the girl.
1. First Degree Menacing: New York Penal Code 120:13
2. First-degree reckless endangerment: New York Penal Code 120:25
For you to be convicted of first-degree assault, you must show that a deadly weapon was used. You also need to show that you had a debauched indifference to the life of a person. Moreover, you must show that this action occurred when a felony was committed. “Serious physical injury,” “felony,” or “deadly weapon” can be defined in many different ways in the criminal code. If the prosecutor does not show the necessary elements in the crime, then a conviction will be the hardest thing a prosecutor will have to do.
The first-degree assault has a maximum of 25 years in prison because it is a class B felony. First-degree assault is also an offense under the violent felony. If you are convicted as such, a mandatory minimum sentence of five years applies to you. Probation is also included as part of your sentence. A felony also has a mandatory probation term of five years.
New York Penal Code 120.10: Assault in the First Degree
A person is found guilty of first-degree assault when:
1. With intent to permanently and seriously disfigure another person, amputate or to destroy, disable or amputate an organ or member of his body. He causes this injury to the person or any third party or
2. With the intention to cause a grievous physical injury to another person. He causes this injury using a dangerous instrument or deadly person
3. Under circumstance that clearly show debauched indifference to human life, he engages in situations that risk human life, and results in injury to the person or any third party
The consequences of conviction with first-degree assault are often harsh. You will also be required to pay some fines in conjunction with a jail term. However, you can secure defenses to help you drop the charges, help you get acquitted, or reduce the charges. The staff at NYC criminal attorneys has many years of experience to defend clients charged with first-degree assault, rape, menacing, a felony, misdemeanors, reckless endangerment, and stalking in New York Criminal Courts. Please contact us to schedule a free consultation appointment in New York.
New York Penal Code 120.00: Assault in the third Degree
There are three degrees of the assault crime included in the New York Penal Law. They include the first-degree, second-degree, and third-degree assault. The least serious crime is the third-degree assault. It carries a prison statement that does not exceed one year because it is a Class A misdemeanor. Under the New York penal code 120:00, you will face a third-degree assault if:
• You injure another person intentionally
• You injure a third person with the intention of injuring another person
• You recklessly injure another person, or
• You negligently cause harm to another person with a dangerous instrument or a deadly weapon.
It is a Class A misdemeanor.
A man got himself in the middle of a shouting match with his neighbor. He got so angry and punched the neighbor in the face and back. For this reason, the neighbor sought medical therapy at a local hospital. It is not necessary that these injuries were serious. However, this must be a physical injury as stated in the penal code.
1. Second-degree menacing: New York Penal Code 120:14
2. Second-degree reckless endangerment: New York Penal Code 120:20
For you to sustain a second-degree assault charge, you must have the victim sustain a physical injury. While the injury might not be necessary, there must be an evidence of injury other than complaining that your actions hurt he or she. If there is no present injury as stated in the penal code, the prosecutor will have a hard time securing a third-degree assault conviction.
Under the New York Penal Code, you have the permission to use physical force to protect yourself or any other person against any coming danger. If you can prove to the judge that you were protecting yourself against danger based on the facts you present, you will secure a valid sentence defense against all the charges. For this reason, it calls upon the evidence presented in court. You will have a valid defense against the third-degree assault in court.
Because the third-degree assault is under class A misdemeanor, you have a one-year jail term if you are proven guilty with sufficient evidence. While you are sentenced to the jail term, you might also fall to a three-year probation term in jail.
New York Penal Code 120.00: Third-degree Assault
A person is guilty of the third-degree assault when:
1. They have the intention to cause a physical injury to another person. He, in fact, causes that injury to the person or the third part.
2. He recklessly causes physical harm or injury to the person.
3. He causes physical injury, with criminal negligence, to another person with a dangerous instrument or deadly weapon.
NYC Criminal Lawyers
While the third-degree assault is a misdemeanor offense under the New York Penal Code, there are serious conviction consequences. If you do not have the necessary defense on your side, you may end up spending a year in jail away from your friends and family. Once you are back, your life will never be the same again. You will face it with a criminal record. However, certain defenses can cause the third-degree assault charge be dropped, acquitted or reduced. The staff at the nyc criminal attorneys Law Firm has many years of successful criminal representation defending clients in criminal courts in New York charged with felonies or misdemeanors. Some of the charges they represent their clients with include reckless endangerment, menacing, second degree, rape, stalking, and child endangerment. Please contact our office to schedule a free consultation with an NYC criminal attorney concerning your criminal case.
New York Penal Code 120.05: Assault in the second Degree
Second-degree assault is one of the numerous assaults offenses under the criminal code of New York. You may face a charge under seven different circumstances. Under the New York Penal Code 120.05, you may be accused of assault in the second degree if you:
1. Assault another individual with the intention causing a grievous injury, and you cause a serious physical injury to the person or third party.
2. Assault another person with a dangerous instrument or a deadly weapon with the intention of causing injury to the person and in fact injuring the person or third party.
3. Assault of an official such as a train operator or a peace officer to prevent them from properly performing their duties.
4. Recklessly causing a serious physical injury with a dangerous instrument or deadly weapon.
5. Intentionally causing another person to become physically or unconsciously impaired by administering a drug without their conscience.
6. While you were in the course of committing a felony, you injure another person.
7. Are 18 years old, and injure an 11-year-old or below child intentionally or recklessly.
This is a Class D felony.
For instance, a man uses a knife to cause a 16-inch deep wound on another’s abdomen. In another similar case, a man punches another woman to cause her fall on a wall and get a deep wound. She suffered deep wounds that were treated in a life support machine. In both cases, these men would be convicted of second-degree assault based on the intention to cause a physical harm to another person, in fact, thy succeeded in causing the harm.
1. Second Degree Menacing: New York penal code 120:14
2. Second-degree reckless endangerment: Penal Code 120: 20
A second-degree assault charge is based on the action of seriously injuring a person. Under the New York Penal Code 10:00, a serious physical injury has many definitions. If the prosecutor proves that the injury wasn’t severe, then the defense is valid against the second-degree charges.
New York has a statute for justification that gives you a choice to use physical force to protect yourself against impending harm. If you injured that person while protecting yourself against an impending harm, then you can defend yourself against the assault charge.
Second-degree assault belongs to the Class D felony. A seven-year prison term is valid for this charge. Because the second-degree assault is classified under the violent felony, a two-year prison term can be imposed to the person by the judge. For a second-degree conviction assault conviction, you can face a two-year prison sentence combined with a $5,000 fine.
The prosecutor may request, as part of the criminal process, that the judge grants a criminal protection order in court to order you to stay away from the victim.
New York Penal Code 120.05: Second Degree Assault
A person is guilty of the second-degree assault when:
1. With intent to cause serious injury to another person, in fact causing that injury to the person or third party. Or,
2. With the intention to cause physical injury to another person, he causes the injury by using a dangerous instrument t or deadly weapon.
3. With intent to prevent a police officer, a peace officer, a prosecutor as defined in the New York Second degree assault penal code.
NYC Criminal Attorneys
It is a serious charge to be arrested for assault. Many aspects of your life will change forever if you are convicted. However, there are many aspects of a second-degree assault that a lawyer can use to defend you. It is important to contact our NYC criminal attorney if you are arrested for assault. The lawyers in our law firm have many years of legal experience to give you the ultimate representation service you need.
Assault is a criminal offense that involves intentionally or recklessly causing harm to another person. There are varying degrees of assault, including first, second, and third-degree assault, which relate to the severity of the victim’s injury and the means used to accomplish the assault. Convictions for assault carry penalties such as imprisonment, fines, and probation, depending on the degree of the crime. Defenses against assault charges may include demonstrating that the accused acted in self-defense or that the injuries sustained by the victim were not as severe as the prosecution claims.
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