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Arrest For Assault In Suffolk
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Suffolk
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US-000280
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FAQ
Trial Division Major Crime Bureau - The SCDA's flagship felony prosecutions bureau; MCB is responsible for a broad variety of crime, including sexual assaults, arsons, burglaries, grand larcenies, DWIs, robberies, and gun charges.
Assault as physical connection. Some states define assault as the intentional use of force or violence against another, such as punching a person or striking the victim with an object. (A few states even lump assault and battery into one crime, which is defined as a physical attack.)
631-852-COPS.
While in some states the crime of an assault is defined as intentionally putting someone in reasonable fear of being physically harmed, but no actual physical contact or injury is required, in New York physical contact and injury are required to be charged with assault.
A: Pushing someone could result in assault charges in New York. It depends on the circumstances and whether the person who was pushed seeks criminal charges. The act of pushing would have to result in physical injury or pain.
Assault in the Second Degree is a “D” violent felony and is therefore punishable by time in state prison – a presumptive mandatory two years up to seven years or five years probation. Assault in the First Degree is a “B” violent felony with a sentence up to 25 years in prison and a minimum of five years in prison.
However, in general, 2nd degree assault punishments include significant fines, probation, community service, and prison time. The length of any prison sentence depends on the severity of the assault, the jurisdiction where the crime was committed, and the offender's criminal history.
If you are attacked, YES you can press charges even if coming out on top. It is probably advisable to press charges, particularly if the evidence is on your side, because your assailant may otherwise claim that you were the aggressor and sue you. Can you sue someone for assaulting you?
Fines and Restitution Degree of AssaultClassificationCriminal Penalties First-Degree Assault Class B Felony 5 to 25 years in prison, significant fines, long-term probation Second-Degree Assault Class D Felony Up to 7 years in prison, fines, probation Third-Degree Assault Class A Misdemeanor Up to 1 year in jail, probation, fines