First, Second, & Third Degree Assault Sentences and Penalties in New York

New York City assault penalties vary depending on which degree of assault you may ultimately be convicted of. However, assault convictions in general may carry prison time and a criminal record that will impact your ability to secure housing or employment. An assault conviction may also impact your immigration status if you are not a citizen.

Assault Sentencing and Penalties

Third Degree Assault

The lowest level of assault, assault in the third degree, is a Class A misdemeanor. It is punishable up to a year in prison and would result in a criminal record.

First and Second Degree Assault

If an individual is charged with assault in the second degree, which is a D felony, or assault in the first degree, which is a Call B felony, they could be convicted of a violent felony. This can result in serious jail time and stay on their record forever as violent felonies are unable to be sealed in New York City.

Enhanced Sentences & Penalties in New York City

There are not many enhanced penalties for assault charges. The most common enhanced penalty is assault charged as a hate crime. If the prosecutor can demonstrate that an assault was motivated by some sort of bias, whether it is gender, ethnicity, sexuality, national origin, or race, it can increase the level of the offense. For example, if an assault in the second degree, which is normally a D felony, was charged as a hate crime, it becomes a C felony.

Technically, assault in the third degree has an enhancement or an aggravated factor if a deadly weapon or dangerous instrument is used. This would increase the charge to assault in the second degree.

What Does the Prosecution Need to Prove?

What New York City prosecution must demonstrate to obtain a conviction and impose penalties also depends on the assault charge. For example, if someone is charged with assaulting somebody and causing serious physical injury, the prosecutor must show that the defendant intentionally caused the injury and that the injuries do constitute serious physical injuries rather than just physical injuries.

If someone is charged with assault in the second degree that includes the use of a deadly weapon or dangerous instrument, the threshold for the injury is lower. The prosecution must show that some sort of weapon or object was used as a weapon to cause the injury. Essentially, the prosecution must show the elements of the specific charge.

Examples and Related Cases

Our office has handled assault cases, varying from first degree down to third degree. No matter the level, we have put together persuasive mitigation packages during plea negotiations and sentencing proceedings in order to reduce clients’ exposure to significant prison time.

In one notable case which garnered wide-spread attention, we defended an individual charged with felony assault for using a baseball bat against another person. This incident was caught on clear video surveillance and it was undeniable that no legitimate factual issues existed to try the case with a jury. However, through plea negotiations and a thoughtful sentencing proceeding, we were able to secure a non-jail, treatment offer for our client.

Despite facing a double-digit prison sentence if convicted, a convincing presentation was put forward which persuaded prosecutors that our client and society in general would be better served with a real rehabilitation program as opposed to a jail sentence. While scrutinized by the public, this result was a significant victory for our client as it allowed him to continue on as a father and as a productive member of society. 

Your Defense Begins Now

If you are facing assault charges, it is imperative that you hire an experienced and well-versed defense lawyer immediately. Even if your matter is already at the sentencing phase, a prepared and creative defense counsel can persuade a Judge through mitigation to hand down a lesser sentence or even a probationary term as opposed to a lengthy imprisonment. Contact The Law Offices of Jason Goldman today.