Understanding New York Assault Law: A Simple Guide

What New York Law Prohibits

In New York, assault happens when someone intentionally hurts another person or tries to hurt them. Unlike some states, New York requires actual physical contact or injury – just threatening someone isn’t enough for assault (that would be menacing instead).

New York has three degrees of assault:

• Third Degree Assault: Intentionally causing physical injury to someone
• Second Degree Assault: Causing serious physical injury or using a weapon
• First Degree Assault: Causing serious injury with extreme indifference to human life

Penalties Under New York Law

The punishment depends on the degree of assault:

Third Degree Assault (Class A Misdemeanor):

• Up to 1 year in jail
• Up to 3 years probation
• Fines up to $1,000

Second Degree Assault (Class D Felony):

• 2 to 7 years in prison
• Up to 5 years probation
• Fines up to $5,000

First Degree Assault (Class B Felony):

• 5 to 25 years in prison
• Up to 5 years probation
• Fines up to $5,000

What the State Must Prove in New York

To convict someone of assault in New York, prosecutors must prove these elements:

For Third Degree Assault:

1. Intent: The person meant to cause physical injury
2. Physical injury: They actually caused physical injury to another person

For Second Degree Assault:

1. Intent: The person meant to cause serious physical injury OR recklessly caused serious injury with a weapon
2. Serious physical injury: They caused injury that creates substantial risk of death or serious disfigurement

For First Degree Assault:

1. Intent: The person meant to cause serious physical injury
2. Serious physical injury: They caused such injury
3. Extreme indifference: They showed depraved indifference to human life

The state must prove all required elements beyond a reasonable doubt. In New York, “physical injury” means impairment or substantial pain, while “serious physical injury” means injury that creates substantial risk of death or serious permanent disfigurement.

Remember: New York assault laws are complex, and every case has unique circumstances. If you’re facing assault charges in New York, contact an experienced criminal defense attorney immediately.