Upstate New York Assault Lawyer
If you have been charged with assault or battery anywhere in the Capital District including Albany, Troy, Schenectady, Saratoga Springs, Glens Falls and the surrounding Upstate New York area, contact The Law Firm of Andrew DeLuca for a free case evaluation. The consequences of committing a violent crime in New York State can forever negatively impact your life. Don’t face assault charges alone, Attorney Andrew DeLuca will aggressively fight against these criminal charges in order to achieve the best outcome possible.
- Award winning Capital District Attorney
- Experienced fighting assault and battery charges
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Is Assault Charged As A Misdemeanor Or Felony?
There are three different degrees of assault in New York State Penal Law. The degree charged depends on the severity of the injuries, if a weapon was used or if a police officer was assaulted.
Assault in the First Degree
The most serious assault charge is Assault in the First Degree, which is a class B felony offense – Penal Law §120.10. This charge is used when an individual causes serious physical injury to another using a deadly weapon or dangerous instrument. This is an extremely serious charge as the sentencing minimum is a mandatory 5 years in prison and up to 30 years at a maximum. It’s important to have an experienced defense lawyer by your side to fight these charges.
Assault in the Second Degree
Assault in the Second Degree is a class D felony that is punishable by up to 7 years in prison and a minimum of 2 years – Penal Law §120.05. Assault in the Second Degree is charged when an individual causes serious physical injury to another with the intent to cause injury. This could result from a punch that caused several stitches or broken bones. Hiring an attorney that has experience in local courts, whether it’s Albany, Troy, Saratoga or Schenectady it’s essential when dealing with these type of charges.
In NY State there is also an assault charge known as Vehicular Assault in the Second Degree, which is a class E felony – Penal Law §120.03. This is when the operator of the vehicular causes serious physical injury to another person while they are intoxicated or impaired by alcohol and/or drugs.
Assault in the Third Degree
The lowest level of assault is Assault in the Third Degree, a class A misdemeanor that carries a maximum penalty of up to one year in jail – Penal Law §120.00. Assault in the Third Degree is when an individual causes physical injury to another person with the intent to cause injury. This could be the result of a punch that causes a black eye or bruises. However, if this type of injury is caused to a police officer it can charged as Assault in the Second Degree. This can commonly be charged in the context of a domestic altercation or bar fights. Whether a judge sentences you to the maximum of one year or you receive a lesser sentence, you can still be saddled with years of probation and community service.
Contact Andrew DeLuca Assault and Battery Defense Attorney
If you’ve been charged with assault, battery or any related offense, it’s in your best interests that you retain an experienced criminal defense attorney as soon as possible. Contact Attorney Andrew DeLuca today for a free case consultation. He has the experience and knowledge that is necessary to obtain the optimal outcome for your case.
Call us now – (518) 245-9109 or fill out the form below to request a free consultation.