Degrees of Assault
When you are charged with any degrees of assault, you are facing serious penalties. The severity of an assault charge depends on how serious the injuries are and can be compounded if a weapon was used or if the assault occurred against a police officer.
Assault in the third degree is a Class A misdemeanor in New York state – a criminal offense. If you are convicted of assault in the third degree, you will have a criminal conviction on your record. Someone who commits an assault in the third degree has physically assaulted another person, causing physical injury without that other person having given consent for the physical contact.
Degrees of Assault | Third Degree Assault
Assault in the third degree has several subsections, one of which is reckless assault, which is like negligence. It means that you displayed disregard in a reckless way, but you didn’t intend to cause physical injury.
Examples of third degree assault:
- Punching someone to cause a black eye
- Pushing someone down to cause a bruise
Degrees of Assault | Second Degree Assault
Assault in the second degree is a Class D felony in New York state, and it is punishable by up to seven years in a state prison. Someone who is charged with assault in the second degree has committed the crime of misdemeanor assault.
Examples of second degree assault:
- Punching someone and breaking their finger
- An injury that causes someone to receive several stitches
Degrees of Assault | First Degree Assault
Assault in the first degree is a Class B violent felony. This charge requires that intent of the other two degrees of assault is present, except that the intent to cause serious physical injury to the other person is carried out with the use of a deadly weapon or dangerous instrument. Assault in the first degree carries a mandatory minimum of five years in prison with a maximum of 27 years.
Examples of first degree assault:
- Stabbing someone in the chest with a knife to cause serious internal injury
- Shooting someone causing serious, but not fatal, injury
If you have been charged with assault, please call our Buffalo criminal defense attorney today to get a free consultation.