Violent crimes such as assault are considered one of the most serious criminal offenses in the state of New York, to the point where judges will often punish you as severely as the laws allow. Find out what type of assault charges you may be facing and the penalties that come along with them, and how a talented Spring Valley violent crimes lawyer can assist you with your defense.
What is considered a second-degree assault in New York?
A second-degree assault charge is believed if you act intentionally or recklessly while using a deadly weapon or dangerous instrument to inflict physical injury, or an impairment of physical condition or substantial pain, to another person.
This case is considered a Class D felony, and if you are convicted, you may be expecting to face a prison sentence anywhere between three to seven years as well as a potential fine of up to $5,000. Importantly, you must serve a minimum of 3 years in jail before being eligible for parole, and the period of probation thereafter is at least five years.
Can my second-degree assault charges be lessened or eliminated?
If you are not a second-time offender of second-degree assault, and if you are not a persistent violent felon in any matter, the judge of the New York court has the power to impose an alternative incarceration term. That is, instead of three to seven years, they can grant a definite period of incarceration of one year or less.
If you are facing second-degree assault charges, it is important that you retain the services of an experienced Rockland County criminal defense attorney who will navigate possible defenses to reduce the penalties you may face and potentially keep you out of jail.
What is considered a first-degree assault in New York?
A first-degree assault charge is given if you act intentionally or recklessly while using a deadly weapon or dangerous instrument to inflict serious physical injury to a victim. A serious physical injury is defined as a substantial risk of death, long-term disfigurement, ill health, or loss or impairment of an organ.
First-degree assault is categorized as a Class B felony. If you are charged with this, you may have a prison sentence of anywhere between three to 25 years in addition to a potential fine of up to $5,000 in your future. Notably, you must serve a minimum of 3 years in jail before being eligible for parole, and the period of probation thereafter is at least five years.
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Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.