In New York, one may be charged with either felony or misdemeanor assault. Felony assault requires intent on the part of a defendant to cause serious physical harm to another human being. In New York, the crime of felony assault is classified as follows:
First Degree Felony Assault – A defendant can be charged with first-degree felony assault:
- When he, she, or an accomplice causes serious physical injury to a person other than one of the participants while committing or attempting to commit a felony.
- When he or she uses a deadly weapon or another dangerous instrument to cause serious physical injury to an individual.
- When he or she seriously and permanently disfigure another person or destroys, disables, or amputates a part of a person’s body with the intent to cause such injury.
- When he or she engages in reckless conduct that creates a serious risk of death to another person and results in serious physical injury.
Second Degree Felony Assault – A defendant can be charged with second-degree felony assault:
- When he or she intentionally causes serious physical injury to a person.
- When he or she uses a deadly weapon or dangerous instrument to intentionally cause physical injury to a person.
- When he or she interferes with the official duties of certain public officials.
Penalties for Felony Assault in New York
- First Degree Felony Assault – First-degree felony assault in New York is classified as a Class B felony, and it carries a possible prison sentence of between three and twenty-five years.
- Second Degree Felony Assault – Second-degree felony assault in New York can result in a possible prison sentence of between three and seven years. However, for certain defendants, such as those who aren't repeated offenders, it’s possible for a conviction of second-degree felony assault to result in an incarceration period of up to one year.
New York Criminal Defense Attorneys
Felony assault in New York is a serious crime that can result in severe penalties. Therefore, if you’ve been charged with a crime in New York, it’s imperative that you engage the services of an experienced criminal defense attorney in order to achieve the best possible outcome in your criminal case. At Barket Epstein, our experienced New York criminal defense attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective defense possible.
Our highly skilled criminal defense attorneys, who come equipped with a long track record of success both in negotiating favorable plea bargains and in reaching favorable outcomes in the courtroom, will fight tirelessly to ensure that your rights are protected. Whether you have been arrested and charged with a crime or are simply being investigated, the attorneys at Barket Epstein are here to help. Please contact one of our experienced criminal defense attorneys for a consultation.