Facing Second Degree Assault Charges in New York?

Second Degree Assault Charges in New York

In New York, second degree assault (New York Penal Code § 120.05) is divided up into many different scenarios. The most common scenarios include circumstances whereby an individual:

• Seeks to prevent police officers, or other persons, from performing a lawful duty by causing physical injury to said persons;
• Intentionally causes serious physical injury;
• Through reckless conduct, causes a serious physical injury by means of a dangerous weapon;
• Intentionally causes physical injury with the use of a dangerous weapon;
• Seeking to commit a felonious act, or by fleeing thereafter, and furthering the crime or their escape, causes physical injury to another;
• Intentionally causes physical harm to a victim who is 65 years old or older, provided that the defendant is ten or more years younger than the victim.

How We Fight Second Degree Assault Charges in New York

Mounting an air-tight and thoughtful defense to a second degree assault charge (Penal Law § 120.05) can be the difference between jail or liberty. As mentioned, a common second degree assault charge includes the vaguely defined “serious physical injury.” A prudent defense attorney will take measures, usually through pretrial litigation, to hone in on what exactly the serious physical injury is claimed to be and why it should not suffice, legally, to sustain a felony assault indictment.

Outside of legal precedent and filings, strategic defense counsel may look to mount a justification defense – more commonly known as self-defense. Indeed, self-defense is a defense against assault in the second degree, and applies when the circumstances were such that an individual was justified in committing a crime. This defense is considered an affirmative defense, which means that even though someone did commit the crime, the circumstances were such that they were justified in doing so. When an individual elects to argue self-defense, the government must prove beyond a reasonable doubt that the individual claiming self-defense was not justified in doing so. 

Possible Sentencing & Penalties in New York

The punishment for a second degree assault charge can be severe. Indeed, a Judge can impose a sentence of up to seven years’ imprisonment if convicted of second degree assault. However, with the proper mitigating material and persuasive argument, a Judge also has the discretion to impose a non-jail sentence such as probation or community service.

Learn more about possible sentencing, penalties, and enhanced penalties for your specific assault charge in New York.

Examples and Related Cases

Second degree assault can come in various shapes and sizes. In a case recently handled by our office, a client was accused of assaulting an EMS worker – which is categorized as a second degree assault pursuant to Penal Law 120.05. However, that subsection (PL 120.05(3)) specifically calls for this charge to be brought when the assault itself is intended to prevent an officer, EMS worker, or similar agent from “performing a lawful duty.”

In a legal and technical defense, our office was able to successfully obtain a dismissal by showing that the alleged assault itself did not take place while EMS was carrying out a lawful duty – indeed, we argued the assault itself did not take place. Nonetheless, the Court ruled that at least one of these prongs were satisfied in dismissing the case outright against our client, securing a significant result. 

Your Defense Begins Now

If facing felony or misdemeanor assault charges, contact our office to begin your defense today. Indeed, all levels of assault can carry a significant punishment in New York. The sooner your defense counsel is able to counter-investigate and put forth a thoughtful defense, the more likely you are to have your matter dismissed. Contact the Law Offices of Jason Goldman today.