What’s the Difference Between First- and Second-Degree Assault in New York?

If you have been arrested for assault in New York, understanding the difference between first- and second-degree charges is imperative in protecting your legal rights and future. Speak with a New City violent crimes lawyer to secure skilled representation today.

What’s the Difference Between First- and Second-Degree Assault in NY?

There are several differences between first- and second-degree assault in New York, including the definitions and penalties for each offense. While both are serious offenses, first-degree generally involves more severe actions and consequences. § 120.10 of the New York Penal Code defines assault in the first degree as follows.

• Intentionally causing serious physical injury to another person by means of a deadly weapon or dangerous instrument; or
• Intentionally disfiguring another person seriously and permanently or destroying, amputating, or permanently disabling a member or organ of the body; or
• With a depraved indifference to human life, causing serious physical injury to another person by recklessly engaging in conduct that creates a grave risk of death to another person; or
• During the commission or attempted commission of a felony or evasion, causing serious physical injury to a person not involved in the criminal offense

Assault in the second degree is defined in New York Penal Code § 120.05, which states that a person can be found guilty for doing the following:

• Intentionally causing serious physical injury to another person; or
• Intentionally causing physical injury to another person by means of a deadly weapon or dangerous instrument; or
• Causing a physical injury to a police officer, firefighter, prosecutor, registered nurse, EMT, or other government employee while intending to prevent them from performing an essential service of their job; or
• Recklessly causing serious physical injury to another person by means of a deadly weapon or dangerous instrument

The main examples are listed above, but there are many additional and specific definitions of what is considered second-degree assault in New York, which can be found on the State Senate website.

The main difference between the two types of offenses is their severity. While both charges include the intentional or reckless infliction of harm, a first-degree offense is characterized by serious or permanent physical injuries.

What Are the Penalties for First- and Second-Degree Assault in NY?

The penalties and legal repercussions also differ depending on the degree of assault charges you are facing. First-degree assault is a class B felony, which is punishable by the following consequences.

• 5 to 25 years in prison
• Fines set by the court

Second-degree assault is a class D felony, which can be penalized by the following.

• 2 to 7 years in prison
• Fines set by the court

While these are the standard sentencing guidelines for each degree of offense, additional consequences can be imposed depending on the details of the situation. These penalties can include victim restitution, community service, restraining orders, probation or parole, and more.