If someone is convicted of assault in New York, the penalties can vary widely. Punishment depends on factors including the degree, the weapon used, and type of assault as defined by state law. The information below might help you understand the basics regarding degrees of this common crime.

What You Should Know About New York’s Degrees of Assault

Assault in the Third Degree

As a Class A misdemeanor, assault in the third degree carries a sentence of up to 12 months in jail and a $1,000 fine. To prove this crime, prosecuting attorneys must show intentional physical harm inflicted on another, but not necessarily the targeted victim. If someone throws a punch at your companion who ducks and you get hit and injured instead, the person who struck you could be charged with third-degree assault. 

Assault in the Second Degree

Second-degree assault is a Class D felony that carries penalties including up to seven years in prison and up to a $5,000 fine. Conviction of second-degree assault requires proof a misdemeanor assault, plus  evidence of intent to cause serious physical injury. If you suffer bone fractures or need stitches, that qualifies as a serious physical injury.

Assault in the First Degree

As a Class B violent felony, first-degree assault carries a mandatory minimum sentence of five years to more than 20 years in prison. Prosecutors must establish use of a deadly weapon or a dangerous instrument with intent to cause serious physical injury. If a motorist drives a car into people intending to injure them and they suffer broken bones as a result, the driver may face first-degree assault charges or charges of vehicular assault.

Whether classified as misdemeanors or felonies, criminal assault charges are serious matters. For over 30 years, John E. Bach Attorney at Law in Goshen, NY, has provided strong and effective representation for individuals charged with these offenses throughout Orange County. If you’re accused of a crime, take the first step to protect your rights. Visit their website for more information on their legal services and call (845) 294-7941 today for a lawyer consultation.