Degrees of Assault
At The Blanch Law Firm, our skilled New York assault lawyers have over fifty years of combined experience with state and federal assault charges. Our assault defense lawyer team is comprised of attorneys who spent decades at New York District Attorneys office, giving them an insider perspective on criminal defense.
Our criminal defense firm represents people everyday who are facing felony and misdemeanor assault charges. We utilize a results driven approach to criminal defense, assigning multiple members of our assault defense attorney team to every trial we work on. This assures every case gets a thorough examination and every client receives the best results possible.
Degrees of Assault Charges
You can be charged with a felony assault or a misdemeanor assault. Usually, the degree of assault you will be charged with depends upon whether an injury was inflicted, as well as the severity of the injury.
- First Degree Assault: First degree assault is usually charged when serious bodily harm is inflicted, or in the case of assaulting a police officer.Â The sentence for first degree assault is up to 20 years of jail time, as well as serious fines in the tens of thousands of dollars.
- Second Degree Assault: Second degree assault charges will be brought if a dangerous weapon is used as part of the assault (as in Assault with a Deadly Weapon). A person convicted of second degree assault could face up to 7 years in prison and fines exceeding $10,000. If the assault charge includes a dangerous weapon as well as serious injury to the alleged victim, fines could climb and jail time could reach 10 years.
- Third Degree Assault:Third degree assault is charged when a person assaults another individual and causes substantial bodily harm, or if the accused assaults a minor. Jail time in this case could reach 5 years, as well as the minor being taken away in a domestic assault case. If the minor is under 4 years of age, the jail time could increase, as could fines.
- Fourth Degree Assault: Fourth degree assault includes such charges as assaulting a police officer if s/he is executing their duty. Usually, fourth degree assault is a gross misdemeanor, can net up to one year in jail and thousands of dollars in fines. Mitigating circumstances can increase these fines and jail time. It is also a crime to assault a firefighter in the line of duty.
- Fifth Degree Assault: A fifth degree assault is a misdemeanor charge, yet even this requires a skilled New York assault defense lawyer who understands how to clear your record. A first offense could be punishable by up to 90 days in jail and a $1,000 fine.
Related Assault Crimes
The Blanch Law Firm’s criminal defense attorney team is skilled at defending against assault charges, as well as related criminal charges, such as:
- Battery: as in “assault and battery” charges, which can lead to years in prison.
- Robbery: an assault can be carried out during the course of a robbery.
If you have been arrested for, or charged with an assault crime, Contact the New York assault defense lawyer team at The Blanch Law Firm by calling (646) 755-3350.