Anyone charged with assault in New York faces severe consequences. Assault charges can cover various offenses, all of which can lead to time behind bars, steep fines, and other penalties. As such, it’s imperative to understand your legal options. Depending on the unique circumstances, you might be able to raise self-defense as an effective defense against your assault charges. Please continue reading as we explore what you should know about these matters and how our experienced Nassau County Criminal Defense Attorneys can assist you during these difficult times.
What Are the Different Types of Assault in New York?
Assault can take many forms, each being addressed differently under New York State law. Certain types of assault carry more severe consequences than others, depending on the specific circumstances involved. Some of the various assault charges include the following:
- Simple Assault
- Aggravated Assault (involves the use of a deadly weapon)
- Sexual Assault
- Domestic Assault
In New York, assault crimes are classified as either misdemeanors or felonies. A misdemeanor assault occurs when an individual intentionally or recklessly causes physical injury to another person. If you are charged with a misdemeanor assault, it’s important to understand that you are facing a Class A misdemeanor charge which is punishable by a fine of up to $1,000, probation for 3 years, and jail time for up to 1 year.
Felony assault charges, on the other hand, are much more serious because they involve injuring a victim with either a deadly weapon or a dangerous instrument. There are two degrees of felony assault in New York:
- Second-degree assault: This is considered a Class D felony, which can be charged if a person suffers serious injury, and is punishable by 3 to 7 years of jail time and a fine of up to $5,000.
- First-degree assault: This is considered a Class B felony, which can be charged if a person suffers serious physical injury, and is punishable by 3 to 25 years of jail time and a fine of up to $5,000.
Is Self-Defense a Valid Defense for Assault Charges?
If you are facing assault charges in New York, it’s imperative to understand your options for a defensive strategy. Self-defense can be an effective defense against assault charges. To succeed in using self-defense as a defensive strategy against assault charges, you must prove the following elements:
- You had a genuine belief that you were in imminent danger of being harmed.
- You believed that the force you used was necessary to prevent harm.
- You used only the amount of force that was reasonable given the circumstances.
- You abided by the duty to retreat, meaning that if there was a safe exit you took it, and if you did not retreat there was no clear way out of the situation.
Essentially, you must prove that your actions were justified. If you or a loved one is facing assault charges, you need a determined attorney from KCS Law on your side. Connect with our firm today to learn more what what we can do for you.
