What Is Considered ‘Assault’ in New York?

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Man with his fists raised - misdemeanor assault NYC

In the state of New York, assault means that an individual hit, slapped, kicked, pushed or verbally threatened someone else. Misdemeanor assault charges are the most common in NYC, this is also termed assault in the third degree. Generally this involves verbal threats or some sort of touching against their will, the results would be a minor injury or a small threat of violence. Assault in the third degree is charges as a Class A misdemeanor in New York and is punishable by up to one year in jail and fines of up to $1,000. The New York laws speculate on the mental state of the defendant in order to be charged with assault. They must have intentionally, knowingly, recklessly or negligently committed the act. In order to be charged with assault, the prosecutor has to prove all elements of the crime beyond a reasonable doubt. This is a tough burden of proof to fulfill and we can help you fight against the charges.

Aggravated assault is more serious and would involve a significant threat or act of violence. Examples of acts that are considered aggravated assault include:

  • Hitting or threatening to hit with a weapon
  • Shooting someone to threatening to kill them with a gun
  • Assault that results in serious injuries
  • Assault while having the intent of committing another felony offense

This offense requires that the prosecution prove an intentional threat and fear of the victim or prove an accomplished attack. On top of that, the facts regarding the presence of a weapon, the intent of another felony offense or the suffering of a serious injury has to be proved as well. The penalties for an aggravated assault, or assault in the first or second degree, would have harsher penalties than a misdemeanor assault charge. If you are facing assault charges in Brooklyn, team up with a criminal defense lawyer from The Law Offices of Michael Mullen for help. Contact our firm today!

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