Different Types of Assault Charges in New York

February 6, 2025

Different Types of Assault Charges in New York

In New York, assault charges can range from a minor misdemeanor to a serious felony, each with its own legal consequences. If you are facing assault charges, it’s important to understand the specific charge against you and the potential penalties you could face. The criminal defense team at Sayegh & Sayegh, P.C. has the experience and dedication to provide effective representation, ensuring your case is handled with care and precision. This post will outline the different types of assault charges in New York and explain how our firm can help protect your rights.


1. Third-Degree Assault

Third-degree assault is the least serious form of assault in New York, but it still carries significant penalties. Under New York Penal Law Section 120.00, third-degree assault occurs when a person intentionally causes physical injury to another person. This charge is typically a Class A misdemeanor and can result in up to one year in jail and/or probation, and fines. If you are facing third-degree assault charges, working with a criminal defense attorney is critical to assess the circumstances surrounding the alleged incident and potentially reduce the charges or seek a favorable outcome.


2. Second-Degree Assault

Second-degree assault charges are more serious and are classified as a Class D felony. This charge applies when a person intentionally causes physical injury to another person with a weapon or other dangerous instrument. It also applies when the victim is a police officer, emergency worker, or another protected individual. Under New York Penal Law Section 120.05, the penalties for second-degree assault can include up to seven years in prison. Given the severity of this charge, it’s essential to have skilled legal representation to explore all possible defenses and work towards reducing the charges or securing a more favorable outcome.


3. First-Degree Assault

First-degree assault is the most serious type of assault charge in New York, classified as a Class B felony. This charge involves intentionally causing serious physical injury to another person using a weapon or dangerous instrument, or with the intent to disfigure or impair a person’s physical appearance. The penalties for first-degree assault are severe, with up to 25 years in prison, depending on the case's specifics. If you are facing first-degree assault charges, you need experienced legal counsel to help build a strong defense, challenge evidence, and fight for your rights in court.


4. Assault on a Police Officer or Protected Worker

New York law imposes enhanced penalties for individuals who assault police officers, emergency medical workers, or other protected workers. Under Penal Law Section 120.08, assaulting a police officer or peace officer is a Class C felony and can result in up to 15 years in prison. Given the heightened penalties for these charges, seeking legal assistance immediately is essential. A skilled attorney can help examine the details of the case, determine whether excessive force was used or if the charges are unjust, and fight for the best possible outcome.


At Sayegh & Sayegh, P.C., we are dedicated to protecting your rights when facing any assault charge. Assault charges in New York carry serious consequences that can impact your future, so having an experienced criminal defense lawyer by your side is essential. We provide personalized legal services, thoroughly investigate your case's circumstances, and work tirelessly to defend you against the charges. If you’ve been charged with assault, contact us today to schedule a consultation and learn how we can assist you in your case.

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