Assault in New York: Definition and Penalties

In New York, a criminal assault is committed when the perpetrator inflicts physical harm on the victim. The degree of harm, as well as other facts involved in the offense, would determine the degree of assault charged and the punishment. It can be charged as a misdemeanor or a felony, depending on the details and the intent of the perpetrator.

In some states, assault is the attempt to inflict physical contact on another person coupled with the ability to do so. The perpetrator does not have to have had actual physical contact with the victim in order to be found guilty of assault. This is not the case in New York. In New York, the crime of assault involves the infliction of physical harm on the victim.

A New York lawyer consultation would help a person understand the definition of assault in New York.

What Are the Elements of Assault in New York?

Basically, the crime of assault involves the perpetrator inflicting physical harm on another person. The degrees of assault in New York are as follows:

• Third-degree Assault: Assault in the third degree is a Class A misdemeanor in New York. The offense involves inflicting physical injury on another person. A person can be charged with third-degree assault even if they inflicted physical injury negligently and not intentionally if they used a deadly weapon or dangerous instrument. However, the injury inflicted would not be life-threatening.
• Second-degree Assault: Second-degree assault is charged as a Class D felony. The offense is perpetrated when an individual intentionally causes severe physical injury to another person. They may have used a deadly weapon or instrument, but they may not have.

It is also second-degree assault to inflict severe physical injury on a public servant who is on duty.

• First-degree Assault: First-degree assault is among the most serious assault crimes. It is charged as a Class B felony. It involves any physical violence that causes serious disfigurement or disability to another person. Individuals charged under first-degree assault law may have used a weapon, but their actions must exhibit indifference to human life.

Also charged as a Class B felony are aggravated assaults on a police officer. Gang assaults may be charged as a Class B or Class C felony.

What Are Some Examples of Assault in New York?

The New York City subway system is the scene of assaults of various types. Local media carry reports of assaults in and near the city’s subway fairly often. For example, a group of assailants attacked an employee of the Metropolitan Transit Authority who was on duty inside a subway station in the Bronx. They punched him in the face before running away. Unfortunately for the assailants, video cameras caught this assault on video.

In another episode of assault, a man shoved 2 other men onto the subway tracks at the Lexington Avenue and 63rd street station on a Sunday afternoon. Fortunately, the victims were able to climb off the tracks before a train appeared.

In yet another episode, another man threw an unidentified object at the head of the New York Police Department (NYPD) officer’s head at a station in the Bronx when the officer tried to arrest him for a criminal offense that the man had committed earlier in the day.

In each incident, the perpetrator inflicted physical harm on their victim by hitting, shoving or throwing an object at them. Each offense would qualify as an assault under New York law.

Do You Have To Hit Someone To Be Guilty of Assault in New York?

In New York, the crime of assault involves inflicting physical harm on another person. The perpetrator may not have hit someone with their body, e.g., a closed fist, but they must have inflicted physical harm in some way. This usually requires hitting or striking someone with one’s body or with an object of some kind.

What Are the Penalties for Assault in New York?

Specific punishments are related to the degree of assault as follows:

• Third-Degree Assault: Third-degree assault is punishable by imprisonment for a maximum of 1 year in jail, a term of probation for 3 years, and/or payment of a fine of up to $1,000.
• Second-Degree Assault: Second-degree assault is punishable by imprisonment for 2 to 7 years in state prison, a term of probation for a maximum of 5 years, and/or payment of a fine of up to $5,000.
• First-Degree Assault: First-degree assault is assault of the most serious kind. It can be punished by a sentence of 5 to 25 years in state prison, a maximum of up to 5 years probation, and/or payment of a fine of as much as $5,000.

What Are the Defenses to Assault Charges in New York?

There are several available defenses to an assault charge as follows:

• Defense of Others or Self-Defense: A defendant’s attorney can present evidence to show that the defendant acted in self-defense or in the defense of another person. Self-defense can be an effective defense, but the acts of defense must be proportional to the perceived threat presented by the alleged victim of the assault at issue.
• Lack of Intent: The defendant did not act with criminal intent. If the defendant was surprised or mentally incapacitated in some way, they may argue that they did not intend to cause harm to the victim. Criminal intent is a critical element in assault cases. It is possible for an individual to hurt another accidentally.
• Protection of Property: If the defendant committed the offense in order to protect their property, e.g., to prevent it from being damaged or stolen, this could serve as an effective defense. In New York, people have the right to protect their property. However, it is important to recognize that the protective response would have to be proportional to the threat posed by the defendant.
• Mistaken Identity: A victim may not have seen their assailant clearly. It may have been dark in the location of the assault, or the victim may simply not have gotten a clear view of their person who inflicted physical harm on them.
  • If the victim cannot clearly identify the defendant as their assailant or if the prosecution cannot prove that the defendant was the person who committed the assault with other evidence, the defendant can argue that they cannot have been the perpetrator of the crime. It is a case of mistaken identity.
• Alibi: The defendant can present evidence that shows that they could not have committed the offense with which they were charged, because they were somewhere else doing something else at the time the offense was committed. This is an alibi defense.

If the defendant has a witness who is able to testify to the effect that they were with the defendant at a location far from the place where the crime was committed when it was committed, this would be especially persuasive.

There are other defenses as well. Talking to a New York lawyer would give a person insight into how to defend against criminal charges.

Do I Need a New York Attorney for an Assault Charge?

If you have been charged with assault, you want to talk to a New York assault lawyer right away.

Whether you have been charged with a misdemeanor or a felony, your lawyer will be able to review the facts and start working immediately to formulate your defense. Your lawyer can advise you on how to respond to law enforcement when it investigates and identify any defenses to your charges. Your lawyer may even be able to affect how the prosecution charges the crime involved.