Assault
Article 120 of the New York Penal Law governs assault and related offenses. If you cause physically injury to another person without legal justification, you can be charged with assault and/or other related offenses. Whether you are charged with a misdemeanor or a felony depends on the circumstances of each case.
In general, the relevant charging factors considered include but are not limited to the following:
- The seriousness of the victim’s physical injury
- Whether a weapon was used
- Was the injury caused while committing a crime
- Whether the victim was part of a protected class under state law
Our Office routinely represents clients who are charged with the following assault charges:
Assault in the First Degree
NY Penal Law §120.10 is the most serious assault charge. You can be charged if you either intentionally or recklessly cause serious physical injury to another through the use of a weapon or dangerous instrument; permanently disfigured another person; recklessly engage in activities that could potentially cause the death of another person; and assault another person while attempting or committing a felony.
NY Penal Law § 120.10 is a Class B felony punishable by up to 25 years in prison.
Assault in the Second Degree
NY Penal Law §120.05, you can be charged if you either intentionally or recklessly cause serious physical injury to another through the use of a weapon or dangerous instrument; injure another person who is performing a lawful duty such as a police officer, firefighter, or medical personnel; assault another person who is older than 65 and younger than 11 years old; and give someone a drug or substance without their consent with the intent to cause physical impairment, unconsciousness or injury.
NY Penal Law § 120.05 is a Class D felony punishable by up to 3-7 years in prison.
Assault in the Third Degree
NY Penal Law §120.00, you can be charged with misdemeanor assault if you intentionally or recklessly cause physical injury to another person. The injury does not need to be considered serious, even substantial pain can be enough to warrant an arrest.
NY Penal Law §120.00 is Class A misdemeanor punishable by up to 1 year in jail.
Vehicular Assault
NY. Penal Law §120.03, you can be charged if you seriously injured another person though the wrongful operation of a motor vehicle. The wrongful operation may include, but is not limited to operating a motor vehicle while intoxicated by alcohol or impaired by drugs.
NY Penal Law 120.03 is a Class E felony and punishable by up to 4 years in prison.
Experienced New York Assault Attorney
If you have been arrested for violating any section of Article 120 of the New York Penal Law, it is in your best interest to obtain experienced legal counsel. Assault charges are burdensome, time consuming, and a conviction could have substantial consequences on your well-being, immigration status, finances, licenses, certifications and ability to retain/obtain employment. If you are charged with assault in New York, consult an experienced criminal defense attorney who has successfully defended assault charges with case specific defenses. Mr. Garcia has handled hundreds of assault cases and his extensive experience as a prosecutor provides an irreplaceable first-hand perspective of how prosecutors and law enforcement officials develop and investigate assault cases.
The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.