{"id":4338,"date":"2018-08-19T14:27:50","date_gmt":"2018-08-19T14:27:50","guid":{"rendered":"https:\/\/cerbindefense.com\/?p=4338"},"modified":"2020-01-28T14:28:59","modified_gmt":"2020-01-28T14:28:59","slug":"understanding-new-yorks-assault-laws","status":"publish","type":"post","link":"https:\/\/5dattorney.marketing\/staging\/cerbin\/understanding-new-yorks-assault-laws\/","title":{"rendered":"UNDERSTANDING NEW YORK’S ASSAULT LAWS"},"content":{"rendered":"

UNDERSTANDING NEW YORK’S ASSAULT LAWS<\/h1>\n
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On behalf of\u00a0Law Office Of Scott G. Cerbin, Esq., PLLC\u00a0<\/span>posted in\u00a0violent crimes<\/a>\u00a0on Sunday, August 19, 2018.<\/p>\n<\/header>\n

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At the Law Office of Scott G Cerbin, Esq., PLLC, in New York, we find that many of our clients facing assault charges have no clear idea of what the charges mean or what the prosecutor must prove in order to convict them. Given that New York law provides for four separate categories of assault, it is not difficult to understand why such confusion exists.<\/p>\n

As FindLaw explains, per Sections 120.00 through 120.12 of the\u00a0New York Penal Code<\/a>, you can face four different degrees of assault charges as follows:<\/p>\n

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  1. Third degree assault \u2013 Class A misdemeanor<\/li>\n
  2. Aggravated assault of a minor under 11 years of age \u2013 Class E felony<\/li>\n
  3. Second degree assault \u2013 Class D felony<\/li>\n
  4. First degree assault or aggravated assault on a law enforcement officer \u2013 Class B violent felony<\/li>\n<\/ol>\n

    Elements of proof<\/strong><\/p>\n

    As a basic premise, assault requires that you physically injure your alleged victim or put him or her in fear of immediate bodily injury. The precise elements of proof necessary to convict you will depend on which kind of assault your charges represent. For instance, the judge or jury may need to consider the identity and age of your alleged victim, your intent to cause him or her harm, the seriousness of the harm you caused, and whether or not you used a weapon as part of your alleged assault. They likewise will need to consider whether or not you have previous assault convictions.<\/p>\n

    Aggravated assault<\/strong><\/p>\n

    A charge of aggravated assault means that you allegedly intended to cause serious bodily injury to your alleged victim and that you knew or should have known that (s)he was a child under 11 years of age or a law enforcement officer performing his or her official duties at the time of your alleged assault.<\/p>\n

    Assault penalties<\/strong><\/p>\n

    If the judge or jury convicts you, you face the following penalties:<\/p>\n