Assault

Understanding the Different Types of Assault in New York

If you or someone you know is facing assault charges in New York, it’s crucial to understand what the law defines as “assault” and the differences between each degree of the charge.  Assault is a serious criminal offense that can carry life-changing penalties, including jail time, probation, and a permanent criminal record.

We have successfully handled assault cases at every level, from misdemeanors to serious felony charges, achieving favorable outcomes for our clients, including complete dismissals (more results below).  Our firm is dedicated to guiding clients through the legal process and protecting their rights when facing assault or other violent crime accusations.

What Is Assault Under New York Law?

Under New York Penal Law, assault involves intentionally, recklessly, or negligently causing physical injury to another person.  The seriousness of the charge depends on:

• The level of injury
  
  
• Whether a weapon was used
  
  
• The defendant’s intent
  
  
• The victim’s status (e.g., police officer, child, elderly person)
  

Assault charges in New York are divided into three main categories: Assault in the Third Degree, Second Degree, and First Degree.

Assault in the Third Degree (NY Penal Law § 120.00)

Assault in the Third Degree is a Class A misdemeanor and the least severe form of assault under New York law.  It typically applies when someone intentionally or recklessly causes physical injury to another person without using a deadly weapon.

Examples:

• A fight that causes bruising or minor injury
  
  
• Reckless behavior that results in harm

Penalties:
Up to 1 year in jail, probation, fines, and a criminal record.

Assault in the Second Degree (NY Penal Law § 120.05)

Assault in the Second Degree is a Class D felony and involves more serious conduct, such as causing significant injury or using a weapon.

Common Scenarios:

• Intentionally causing physical injury with a weapon
  
  
• Assaulting a police officer, firefighter, or teacher
  
  
• Causing serious injury to another person

Penalties:
Up to 7 years in state prison, along with fines, probation, and a felony criminal record.

Assault in the First Degree (NY Penal Law § 120.10)

Assault in the First Degree is a Class B felony and one of the most serious violent crimes in New York.  It typically involves intent to cause serious injury with a deadly weapon or extreme indifference to human life.

Examples:

• Using a firearm or knife to inflict serious injury
  
  
• Causing life-threatening harm during another felony offense
  

Penalties:
Up to 25 years in state prison, in addition to substantial fines and a felony criminal record.

Additional Assault-Related Offenses

In addition to the main degrees of assault, New York recognizes several related charges, including:

• Aggravated assault upon a police officer or peace officer (NY Penal Law §120.11)
  
  
• Vehicular assault in the Second Degree (NY Penal Law § 120.03) and Vehicular Assault in the First Degree (NY Penal Law § 120.04)
  
  
• Gang Assault in the Second Degree (NY Penal Law § 120.06) and Gang Assault in the First Degree (NY Penal Law § 120.07):
  

• Reckless Endangerment in the Second Degree (§120.20) and Reckless Endangerment in the First Degree (NY Penal Law § 120.25):

Each of these offenses carries its own legal definition and potential penalties.

Proven Success Defending Felony Assault Cases

At the Law Offices of Matthew Cohan, we have successfully represented clients throughout New York City and the surrounding areas who were facing serious felony assault charges.  We understand that many of these cases involve false allegations and exaggerated claims.

Our firm has achieved favorable outcomes, such as:

• Case dismissals based on lack of evidence or improper police procedure
  
  
• Adjournments in Contemplation of Dismissal (ACDs), allowing charges to be dismissed and sealed after a six to twelve month period
  
  
• Reduction of felony charges to violations and misdemeanors with no jail time
  

We understand that being charged with assault doesn’t make you guilty.  We fight tirelessly to ensure your side of the story is heard.  We know how to challenge the prosecution’s case, uncover weaknesses in the evidence, and negotiate favorable results.

Defending Against Assault Charges in New York

Every assault case is unique. A strong defense depends on the circumstances, evidence, and available witnesses.  Common legal defenses include:

• Self-defense or defense of another person
  
  
• Lack of intent
  
  
• False allegations or mistaken identity
  
  
• Insufficient or unreliable evidence
  

We will analyze every detail of your case and work toward the best possible resolution, whether through dismissal, plea negotiation, or trial.

Contact a New York Assault Lawyer Today

If you’ve been charged with assault in New York, the stakes are high.  You need an experienced, strategic defense attorney on your side from day one.

At the Law Offices of Matthew Cohan, we have helped clients avoid convictions, protect their records, and move forward with their lives.

Call (516) 375-1107 or fill out our contact form below for a free confidential consultation with an experienced New York assault defense lawyer.