As assault and battery lawyers, we know that assault is a very serious crime. It carries harsh consequences. The state of New York, in recent years, has defined and adjusted assault laws to protect victims and to help convict those who hurt others.

At this point, there are 10 different ways you can be held accountable for assault in New York. We will give you an overview of the most commonly used laws. There are various ways that the charges can evolve. It depends on the extent of someone’s injuries, if a weapon was used, and if it happened while you were trying to break another law.

Assault is when you cause pain to someone else. You may have shoved the person, and there are no lasting injuries. If the person reports that they felt pain, it is an assault. The different levels of assault are deep and long-reaching. The charges can be stacked on a person. You may be charged with assault, but due to the way it was carried out, you could get charged with reckless indifference, battery, and any number of other charges. There are times when your assault conviction opens the door for civil suits against you for payment for pain and suffering, stress, and other issues. The charge of assault has a wide spectrum, and you do not need to take it lightly.

If you have been charged with assault, you need to contact an assault and battery lawyer. You need someone who understands the complexity of the laws.

Assault in the 3rd-degree

Simply put, if you cause injury to someone or in your attempt to cause injury to them, you injure someone else. That is a 3rd-degree assault charge. An example of this is if you are angry at me and try to hit me, but you missed and hit the person next to me, you have assaulted them. It doesn’t matter if that was not your intent. This is a misdemeanor charge.

Assault in the 2nd-degree

If you show intent to cause someone injury or if by trying to injure someone with a dangerous weapon, you injure someone else, this is a 2nd-degree charge. Depending on the circumstances, this can be a misdemeanor, or it can be charged as a felony which carries fines and up to 7-years in jail.

Assault 1st degree

Assault in the 1st degree is when you cause injury to someone else, using a deadly or dangerous instrument and that you intended to cause the injury. It is also an assault when you injure someone, and you intended to hurt them seriously or disfigure them permanently. The charges become even more serious if it is proved that you injured someone in a way that showed you had a depraved indifference to human life. Finally, assault is when you seriously injured someone while committing a felony act.

Example: You were attempting to rob a store, and a fight breaks out. Another customer gets injured. Though it was not your intent to hurt them, they were hurt because you were trying to rob the store. This is a felony which carries mandatory jail sentences that can range from 5-years to 25-years.

Assault is complicated and is usually the gateway for other charges. If you are being charged with assault, please contact an assault and battery attorney.