New York Assault Attorney

In New York, assault can be charged as a misdemeanor or felony offense. A misdemeanor assault conviction could lead to one year in jail. A felony assault conviction could lead to up to 25 years in prison. That’s when experienced legal representation can make all the difference in your case.

With years of experience as a former prosecutor, attorney Mehdi Essmidi provides skilled criminal defense for those accused of assault or any related offense. Our New York City assault attorneys know how to build strong strategies based on insider knowledge of how the prosecution builds their case.

Don’t leave your case to chance. If you have been arrested or charged with assault, don’t hesitate to contact The Law Offices of Mehdi Essmidi for a free initial consultation. 

Assault and Battery Under New York Law

In New York, assault and battery are not charged as a single crime. In fact, the criminal justice system does not have a separate charge for battery. Instead, what other states call “battery” (intentional physical contact or harm) is prosecuted as assault statutes in NY.

New York Assault Laws

Assault laws in New York are based on the severity of the injury, the intent, and the use of a weapon. Here are some common assault charges:

Assault in the Third Degree

This is charged as a Class A misdemeanor, punishable by up to 1 year in jail. It involves intentionally or recklessly causing physical injury to another person or causing an injury with a deadly weapon or dangerous instrument.

Assault in the Second Degree

This is charged as a Class D felony, punishable by up to 7 years in prison. It involves intentionally causing serious physical injury to another person, causing such injury with a deadly weapon or dangerous instrument. It also covers causing an injury while aided by another person, assault during the commission of another crime, or assault of officers performing their duties.

Assault in the First Degree

This is a Class B violent felony, punishable by up to 25 years in prison under New York Penal Law § 120.10. This covers intentionally causing serious physical injury to another individual using a deadly weapon or dangerous instrument, causing an injury with indifference to human life, or causing a serious injury during the commission or attempted commission of a felony.

Vehicular Assault in the Second Degree

Vehicle Assault in the Second Degree is a Class E felony in New York, carrying a maximum sentence of up to 4 years in prison. This charge applies when an individual causes serious physical injury to another person while operating a motor vehicle under the influence of alcohol or drugs.

Vehicular Assault in the First Degree

Vehicle Assault in the First Degree is a Class D felony in New York, carrying a maximum sentence of up to 7 years in prison. This offense occurs when an individual, while operating a motor vehicle under the influence of alcohol or drugs, causes serious physical injury to another person and one or more of the following aggravating factors are present:

• The driver’s blood alcohol content (BAC) is 0.18% or higher.
• The driver has a prior conviction for driving while intoxicated within the past 10 years.
• The incident results in serious physical injury to more than one person.
• The driver has a previous conviction for vehicular manslaughter or a similar offense.
• The driver operates the vehicle with a suspended or revoked license.

Aggravated Vehicular Assault

Aggravated Vehicular Assault is a Class C felony in New York, carrying a maximum sentence of up to 15 years in prison. This offense happens when an individual engages in reckless driving and commits Vehicular Assault in the Second Degree, accompanied by one or more aggravating factors, such as:

• Operating a vehicle with a blood alcohol content (BAC) of 0.18% or higher.
• Having a prior conviction for driving while intoxicated within the past 10 years.
• Causing serious physical injury to multiple individuals.
• Having a previous conviction for vehicular manslaughter or a similar offense.
• Operating the vehicle with a suspended or revoked driver’s license.
• Injuring multiple people. 

Assault on a Peace Officer

Assault on a peace officer, police officer, firefighter, or emergency medical services professional is a Class C felony in New York, carrying a maximum sentence of up to 15 years in prison. This offense occurs when an individual, intending to prevent a peace officer from performing their lawful duties, causes serious physical injury to that person.

Gang Assault

In New York, gang assault charges are categorized based on the perpetrator’s intent and the resulting injury:

• Gang Assault in the Second Degree is a Class C felony, applicable when an individual, aided by two or more others, intends to cause physical injury but causes serious physical injury to another person.
• Gang Assault in the First Degree is a Class B felony, applicable when an individual, aided by two or more others, intends to cause serious physical injury and does cause such injury to another person.

Hate Crimes Involving Assault

In New York, if an assault is committed because of the victim’s race, color, national origin, gender, religious practice, age, disability, or sexual orientation, it can be also charged as a hate crime. This can increase the penalties for an assault conviction significantly.

Orders of Protection in Assault Cases

In many assault cases in New York, an order of protection may be issued against the accused. This order can restrict the accused from having any contact with the alleged victim, including in person, by phone, by mail, or through a third party. Violating an order of protection can result in additional criminal charges and penalties.

Violating an Order of Protection in NY

Violating an order of protection in NY can lead to misdemeanor or felony charges, depending on the circumstances. Charges range from Criminal Contempt in the Second Degree (Class A misdemeanor) for general violations to Aggravated Criminal Contempt (Class D felony) if the violation involves causing physical injury. Penalties can include jail time, fines, and additional legal consequences. If the protected individual is a child, violations may carry even harsher penalties.

Assault in Domestic Violence Cases

Domestic violence cases often involve charges of assault. In New York, a domestic violence charge can arise from an alleged act of physical harm against a family or household member, which includes spouses, intimate partners, blood relatives, and individuals who have a child in common.

Cases classified as domestic violence can carry additional legal consequences, such as mandatory protective orders and enhanced penalties. The severity of charges depends on multiple factors, including the degree of injury, whether a weapon was used, the defendant’s intent, and any prior history of domestic violence.

Penalties for Assault Convictions in New York

The penalties for an assault conviction in New York vary depending on the degree of the assault charge, the circumstances of the case, and whether you have any prior convictions.

Misdemeanor Assault: If you are convicted of third-degree assault (Class A misdemeanor), you could face up to one year in jail, three years of probation, and a fine of up to $1,000. Courts may impose probation or a conditional discharge. Restitution for medical expenses may also be ordered.

Felony Assault: In New York, second-degree assault is a Class D violent felony, punishable by a mandatory minimum of 2 years and a maximum of 7 years in prison. First-degree assault is a Class B violent felony, punishable by a mandatory minimum of 5 years and a maximum of 25 years in prison. In addition to prison time, individuals convicted of felony assault may face fines of up to $5,000 and be required to pay restitution.

Defenses Against Assault Charges in New York

If you are facing assault charges in New York, you need an experienced criminal defense attorney to protect your rights and build a strong defense. Several legal defenses may be available depending on the circumstances of your case.

Self-Defense: New York law allows a person to use reasonable force to protect themselves from imminent unlawful harm. To claim self-defense, you must show that you reasonably believed you were in immediate danger and that the force used was necessary and proportional to the threat.  

Lack of Intent: Most assault charges require proof of intent to cause harm. If the injury resulted from an accident rather than an intentional act, this may serve as a defense.

False Accusations or Mistaken Identity: It is not uncommon for individuals to be falsely accused due to personal disputes, revenge, or mistaken identity. In these cases, an experienced defense attorney may challenge the credibility of witnesses and present evidence supporting your innocence.

Alibi Defense: If you can prove you were somewhere else at the time of the alleged assault, this can be a powerful defense.

Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that an assault occurred. If the evidence is weak—such as a lack of medical records, unreliable witness testimony, or inconsistencies in the alleged victim’s statements—your attorney may argue for a case dismissal or acquittal.

Contact Us for a Free Consultation

Former prosecutor Mehdi Essmidi takes the time to understand your circumstances, explain your options, and guide you through the legal process. He works relentlessly to achieve the best possible outcome for your case. If you or a loved one is facing assault charges in New York, don’t wait. Contact our law office today for a free consultation.

Frequently Asked Questions

What should I do if I am charged with assault in New York?

If you are facing assault charges in New York, it is essential to seek representation from an experienced criminal defense attorney as soon as possible. Assault cases can be upgraded from third-degree assault charges to felony assault, depending on factors such as serious physical injury, use of a deadly weapon, or the involvement of a police officer. A New York assault attorney can guide you through New York’s legal system.

What is considered a serious physical injury under New York law?

Under New York penal law, a serious physical injury includes a significant risk of death, permanent disfigurement, or prolonged impairment. The circumstances of the injury play a key role in determining whether an assault charge escalates to a serious offense like first-degree assault or aggravated assault. Consulting a skilled assault attorney can help assess the severity of the charge and create a defense accordingly.

Can I claim self-defense in an assault case?

Self-defense may be a valid defense in certain assault cases. If you reasonably believed that you were facing imminent physical harm, you may argue that your actions were necessary to protect yourself. However, the prosecution’s case will likely challenge your claim, and a New York assault lawyer can help strengthen your defense.

How can a New York criminal defense attorney help me fight assault charges?

A New York criminal defense attorney can analyze the prosecution’s evidence, challenge witness testimony, and identify weaknesses in the case. They may also negotiate plea deals, file motions to suppress unlawfully obtained evidence and present legal defenses such as self-defense, lack of intent, or mistaken identity.

Can I get a free consultation with a New York assault attorney?

The New York assault defense lawyers at the Law Offices of Mehdi Essmidi offer a free initial consultation to go over your legal options.