In New York, violent crimes like assault carry significant weight, leading judges to impose the strictest permissible penalties. Understanding the specific assault charges you might face and their corres[pmdog consequences is crucial. An experienced Garden City, NY, Violent Crime Lawyer can provide essential support in your defense.
How Do First-Degree and Second-Degree Assault Charges Differ?
New York law distinguishes between first- and second-degree assault based on their legal definitions and associated punishments. While both constitute severe offenses, first-degree assault generally involves more serious actions and repercussions as it is a Class B felony. Under § 120.10 of the New York Penal Code, a person is guilty of assault in the first degree when:
- They intentionally cause serious physical injury to another person using a deadly weapon or dangerous instrument; or
- They intentionally disfigure another person seriously and permanently, or destroy, amputate, or permanently disable a member or organ of the body; or
- Under circumstances with a depraved indifference to human life, recklessly engage in conduct that creates a grave risk of death to another person, and causes serious physical injury to another person; or
- During the commission or attempted commission of a felony or evasion, causes serious physical injury to a person not involved in the offense.
Under § 120.05 of the New York Penal Code, a person is guilty of assault in the second degree, which is a Class D felony, when:
- They intentionally cause serious physical injury to another person; or
- They intentionally cause physical injury to another person using a deadly weapon or dangerous instrument; or
- They cause a physical injury to a police officer, prosecutor, firefighter, registered nurse, EMT, or other government employee while intending to prevent them from performing an essential service of their position; or
- They recklessly cause serious physical injury to another person by using a deadly weapon or dangerous instrument.
What Are the Penalties?
If you have been charged with first- or second-degree assault in New York, it’s imperative to understand the penalties you can face upon conviction. As mentioned, first-degree assault is a Class B felony, which is punishable by 5 to 25 years of imprisonment and steep monetary fines. Second-degree assault is a Class D felony, which is punishable by 2 to 7 years and steep monetary fines. However, additional penalties may be imposed depending on the unique circumstances of the case, including restitution, community service, restraining orders, probation, and more.
At KCS Law, we understand how overwhelming these matters can be. If you need an effective criminal defense attorney to defend your rights and shield you from an uncertain future, contact our firm today.