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Rockland County Assault Lawyer

What is assault in New York State?

While assault in many states involves only the threat of violence, New York law defines assault differently. To be considered assault in the state of New York, a person must intend to cause serious harm to someone and actually cause serious physical injury to that person or a third party. Assault can also include recklessly injuring another person or causing harm to another person with criminal negligence and a deadly or dangerous weapon. There are three degrees of assault according to New York Law that are determined by the severity of the injury, the use of deadly weapons and the mental culpability of the defendant. No matter the degree of the charges you face, it is important to obtain the counsel of an experienced Rockland County criminal defense attorney who can protect your rights and interests.

Degrees of Assault in New York

An individual is guilty of assault in the third degree if he or she intends to harm someone and injuries them or a third party. Assault in the third degree can also include injuring someone with recklessness or criminal negligence with a deadly weapon. In New York, third-degree assault is a Class A misdemeanor and punishable by up to 1 year in prison or a $1,000 fine.

Second-degree assault is a class D felony and, if convicted, you will face 2 to 7 years in prison. Assault in the second degree has similar elements to third-degree assault, but can also other serious elements. The elements include:

  • Injuring a person over 65 if you are at least 10 years younger than he or she is
  • Intending to cause injury on school grounds
  • Preventing a police officer, nurse or firefighter from performing his or her duties

Assault in the first degree is a class B felony. It involves more serious injuries as well as destroying, amputating or permanently disabling a member or organ of an intended victim or a third party. It can also include reckless conduct that puts another person at a grave risk of death and causes serious injuries. If convicted of assault in the first degree, you will be sentenced to 5 to 25 years in prison.

Enlist the Assistance of a Former Prosecutor

If you have been arrested and charged with assault, you should consult a Rockland County criminal defense attorney from the Law Office of Brian Berkowitz immediately. As a former prosecutor for the Rockland County District Attorney's Office, I am particularly qualified to handle your assault case. Assault is considered a serious and violent crime in the state of New York and you could be subjected to harsh sentencing if you are convicted.

I know how prosecutors build their cases because I was one, and I can help build a strong defense for you! From start to finish, I personally walk my clients through their legal options and aggressively work on their behalf to achieve the best possible outcome for their situation. Complete a free case evaluation form to learn more about your rights if you have been arrested and charged with assault.

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