What Is the Law on Assault in New York and What Are the Punishments for It?
The different activities of assault in New York are considered as criminal activities. Any kind of bodily injury is the basic requirement to charge a person with assault in New York. The degree of the crime caused by an accused person is determined by the application of a deadly weapon and the intention behind the criminal activity.
Criminal Activities under the Law on Assault in New York
When an individual in New York commits an assault intentionally, the different degrees of the accused person’s intention plays an important role to cause bodily injury. When the accused person causes significant bodily injury with intention, an advocate will have to prove that the accused person deliberately and intentionally caused significant bodily injury.
On the basis of specific intent, the crimes of assault are classified into the offense of first degree and offense of second degree. Apart from this, when an advocate is able to prove that the accused person caused bodily injury intentionally, there is no need to prove the presence of another specific intent.
The accused person’s action or behavior, conclusion, and condition of the surroundings are the major factors when an advocate establishes the level of intent of the accused person when he or she commits the crime of assault.
Some types of criminal activities are charged with a second degree and third-degree offenses under the law on assault and don’t need any kind of intent within the mind. These types of offenses involve significant bodily injury to anybody using a harmful instrument with reckless cause or negligence of crime.
Criminal Activities under the Law on Aggravated Assault in New York
When a person makes a significant bodily injury to anyone who is known to the person or is an official of the police force or peace department engaged within official duties, the person is accused of a crime under the law on Aggravated Assault in New York. Moreover, when an individual of 18 years or more performs an offense to another person of fewer than 11 years and the person was accused of similar offense with the last three years, the person is accused of Third Degree Assault in New York.
Criminal Activities Charged with a Felony or Misdemeanor
When a person is accused of criminal activity of First Degree Assault or Aggravated Assault on an official of peace, the person is charged with violent Felonies of Class B. In case of an offense under the Second Degree Assault, it is charged with a Felony of Class D.
An offense under aggravated assault on a person aged below 11 years performed by an adult is charged with a Felony of Class E. Moreover, in case of an offense under third degree, the assault is charged with a Class A Misdemeanor.
Punishments for the Crime of Assault or Aggravated Assault
In case of crime of First Degree Assault or Aggravated Assault on an official of peace, the convicted person gets jail time within the range from 3 years to 25 years in state jail or jail time within the range from 10 years to 20 years and he or she will have to pay fine amounting to a maximum $5,000.
In a Second Degree Assault, the convicted person gets jail time within a range of 3 years to 7 years within a state jail and a fine amounting at most$5,000.
Talking about an aggravated assault on a person below the age of 11 by an adult person, the convicted person gets jail time within the range of 1.5 years and 4 years and a fine amounting to $5,000.
In the case of Third Degree Assault, the convicted person gets jail time at most one year and/or a fine amounting not more than $1,000.