Have you been charged with assault and are seeking legal assistance? Check out these 9 assault tips, then call our Buffalo attorney today.
The Degrees of Assault
Assault has 3 different levels, which range from a felony to a misdemeanor- Assault first and second are both felonies and assault 3rd if a misdemeanor
What Should I Do if I was Charged with Assault?
- Cooperate with the police but do not provide them with any information
- Call an attorney before your arraignment so they can deal with your bail
Assault in the First Degree
- Assault in the first degree occurs when one person uses a dangerous weapon or instrument to intentionally cause serious physical injury to another.
- This Class C felony is punishable by up to 15 years in jail.
- As someone accused of a serious, violent felony, you should immediately contact an experienced attorney in Buffalo to represent you.
Assault in the Second Degree
- Assault in the second degree is a Class D felony punishable by up to seven years in a state prison.
- Someone charged with assault in the second degree has committed misdemeanor assault, but their charge has been aggravated to a felony because a weapon was used.
Assault in the Third Degree
- Clients charged with assault in the third degree, a Class A misdemeanor, are suspected of having committed a criminal offense.
- Conviction of assault in the third degree will place a criminal conviction on your record.
- Assault in the third degree involves physical assault of another person, causing physical injury without that person’s consent.
- One subsection of assault in the third degree, reckless assault, is similar to negligence in that you displayed disregard in a reckless way, but differs because there was no intent to cause physical injury.
- In Buffalo, assault in the third degree is a serious offense and requires assistance from an experienced criminal defense attorney.
Assault on a Police Officer
- Assaulting a police officer, peace officer, emergency medical technician, or any medical emergency services provider, is considered felony assault.
- If you are charged with such an assault, it is important that you contact an experienced criminal attorney to defend you.
- This type of assault is considered a Class C felony, and you could be sentenced to as long as 15 years in a state penitentiary.
Vehicular Assault
- In New York State, vehicular assault is a criminal offense.
- The charge of vehicular assault is brought when a vehicle causes serious physical injury to another person while the driver is intoxicated by alcohol, or under the influence of and impaired by drugs.
- This is a serious offense. It is a felony for which an offender can be sentenced to state prison if convicted.
- It is important that, if arrested in Buffalo, you contact an experienced criminal lawyer who focuses on DWI and criminal defense.
Vehicular Assault in the First Degree
- Vehicular assault in the first degree is more serious than simple vehicular assault.
- It is a felony that is aggravated if the driver is under the influence of alcohol with a blood alcohol reading of .18 or higher when a vehicular assault causes a serious physical injury.
Gang Assault in the Second Degree
- Gang assault in the second degree is a serious, violent Class C felony.
- If convicted, a person could be sentenced to up to 15 years in a state penitentiary.
- Gang assault occurs when two or more people intentionally cause someone to suffer a serious physical injury.
Download Our Free Student’s Criminal Defense Guide
Have you been charged with assault and have questions about our 3 assault tips? If so, contact experienced Buffalo Assault Lawyer Arthur Pressman for a free consultation. Let his experience work for you.
Like us on Facebook Learn how assault charges can affect employment in New York. For cases involving young people or alcohol, see our guide to underage drinking penalties and discuss the specific facts with defense counsel.
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