Assault can become a more serious crime depending on several factors: The target of the alleged assault, the presence of a weapon, and the severity of the injuries can all make an assault charge a felony offense. Under New York Penal Code §120.05, an assault is upgraded to a second-degree crime if the target is severely injured, if the assault involved the use of a weapon, or the assault was committed against a police officer or other public employee. A conviction here is a class D felony. Finally, the most serious is assault in the first degree – a class B felony. According to New York Penal Code §120.10, a first-degree assault involves serious injury with the use of a deadly or dangerous weapon, when the assault results in a disfigurement or disability, or the assault was committed during the action of another felony. An assault charge can vary from a simple misdemeanor to among the most serious that the State can bring. One of our dedicated Albany assault lawyers can help you understand the nature of the charges and to form an effective defense.
Penalties for Assault
The potential penalties for an assault charge are based on the severity of the charge and whether there were any aggravating factors. As per New York Penal Code §70.02 the penalties for felony assault are:
- Class B felony: five to twenty-five years in prison and up to $5,000 in fines
- Aggravated assault on a police officer: ten to thirty years in prison and up to $5,000 in fines
- Class D felony: three to seven years in prison and up to $5,000 in fines
- Class E felony: 1 ½ to four years in prison and up to $5,000 in fines
These terms will change depending on whether the person is a repeat offender, is a juvenile, or whether there are any other aggravating factors.