WHAT IS ASSAULT AND THREAT OFFENSES?
If an individual injures another without legal justification, this individual can be found guilty of assault under the New York State Law. This can be determined by:
- If a weapon was used
- Extent of injury
- If another crime took place at the same time
- If the victim was protected under special state law
Third Degree Assault is when one is guilty of intentional physical injury to another individual. The misdemeanor is classified as Class A misdemeanor which can result in one year in jail and a fine of $1,000 fine, or/and three years probation.
A second degree assault charge can occur if the person is found guilty in such cases:
- Intentionally injuring someone with a dangerous instrument
- Injuring someone involved in lawful duty, such as a police officer, firefighter, ect
- Distributing a substance like a drug to cause unconsciousness, physical impairment, or injury without their consent
- Assaulting an individual less than the age of 11 or older then the age of 65.
If a person is found guilty of any of the above charges then, he/she may be sentenced to three to seven years in prison.
First Degree Assault is the most serious assault crime which involves a person causing serious physical injury to someone. A person may be charged with First Degree Assault if he/she is found guilty of:
- Seriously injuring someone with a deadly weapon or dangerous instrument
- Permanently disfiguring the other person
- Recklessly engaging in activities that could potentially kill someone else
- Assaulting someone while committing or attempting to commit a felony
If a person is found guilty of First Degree Assault then he/she is punishable by up to 25 years in prison.
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