NY Assault Laws
The Blanch Law Firm’s assault lawyer team provides our clients with excellent criminal defense services for all assault cases. Every criminal defense attorney at our firm has in-depth knowledge of the legal process and a successful track record of defending against assault charges. Our ability to obtain positive results for our clients is based upon our results driven approach to criminal defense; we assign five or more attorneys to every assault case we defend.
Assault Law in New York
Article 120 of the New York Penal Code defines assault law and its penalties. New York assault law can be complicated, but with the assault lawyer team at The Blanch Law Firm, you can rest assured that you have a premier criminal defense attorney team on your side.
Different Forms of New York Assault Law
New York assault law finds a person guilty of third degree assault when: with intent to cause physical injury to another person, he/she causes such injury to a person or to a third person; he/she recklessly causes physical injury to another person; or with criminal negligence, he/she causes physical injury to another person by means of a deadly weapon or dangerous instrument. Third degree assault is a Class A misdemeanor assault.
New York assault law finds a person guilty of second degree assault when: with intent to cause serious physical injury to another person, he/she causes such injury to such a person or to a third person; a person causes injury to another using a deadly weapon; harming or interfering with a law enforcement official or other employee of the state performing official work; intentionally causing a stupor, unconscious state or other physical impairment via the administration of a drug; causing harm to someone during the act of a different felony such as robbery; assaulting or intending to harm someone under the age of 11 if you are over the age of 18; harming or intending to harm someone at a school; harming a municipal employee, such as an MTA worker, in the course of their duty. Assault in the second degree is a class D Felony.
New York Assault Law Defines Assault in the first degree when: there is an intent to disfigure another person seriously and permanently or to somehow harm that person’s physical body or internal organs; demonstrating a depraved indifference to human life; or if someone causes serious harm to a person in the course of another felony or in fleeing a felony. Assault in the first degree is a class B Felony.
Vehicular Assault can be a charge in both the first degree and the second degree in New York assault law. Vehicular assault happens when an individual causes serious physical injury by operation of a vehicle or when the injury is caused by a vehicle weighing more than 18,000 pounds. Vehicular assault becomes a first degree crime when the crime is committed by an individual who has a suspended or revoked license.
Vehicular assault in the second degree is a class E felony and vehicular assault in the first degree is a class D felony.
According to New York assault law, aggravated vehicular assault happens when a regular vehicular assault crime is committed by an individual with a .18 percent blood alcohol level or when there is a license revoked. It is also aggravated vehicular assault when the accused has been previously convicted of vehicular in the past ten years or when there are drugs involved. Aggravated vehicular assault is a Class C felony.
Assaulting a police officer happens according to New York assault law when a person causes serious physical injury to a peace officer, police officer, fireman, paramedic or technician.Officers includes police, emergency medical services professionals, firemen, paramedics and other such officials. Assaulting a police officer is a Class C felony.
Contact The Blanch Law Firm
To speak with an assault lawyer about your assault defense concerns, Contact The Blanch Law Firm by calling (646) 755-3350 to arrange an initial consultation.