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Assault
Under New York Law Assault involves inflicting injury to another person. New York State Law provides three levels of Assault depending on intent, level of injury and whether a weapon was involved at the time. The more serious the injury, the more serious the level of Assault, and therefore the more serious the charge. Also assault charges that involve weapons are more serious than those that occur without a weapon. The lowest level assault is Assault in the 3rd Degree. Assault in the 3rd Degree is classified as an “A” misdemeanor and punishable by up to one year in jail. It is also the most common type of Assault charge filed. The most serious level of Assault is Assault in the 1st Degree, which is classified as a “B” Felony.
Below are the elements of Assault in the 3rd Degree
Section 120.00 of the New York Penal Code
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
A person convicted of Assault in the 3rd degree may be sentenced to 3 years probation, or be sentenced to a period of incarceration not to exceed 1 year, and fines and surcharges. A court may also impose a split sentence involving of up to 60 days incarceration and 3 years probation plus fines and surcharges.
Assault in the 2nd degree is a more serious level of Assault. Assault in the 2nd degree is a class C felony.
Assault in the 1st degree is the most serious level of Assault. Assault in the 1st degree is a class B felony.
The sentencing guidelines for those convicted of felony assault are substantially greater than those convicted of misdemeanor assault, and vary depending t is convicted of, the defendant’s prior criminal history, the nature of the prior convictions, as well as the circumstances surrounding the felony assault.