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Assault With Physical Injury In New York
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US-000298
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“Physical injury” means impairment of physical condition or substantial pain.
New York Penal Code § 120.00: Assault in the Third Degree A person is guilty of assault in the third degree when: With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or. He recklessly causes physical injury to another person; or.
Infractions. Infractions are the least severe type of offense. Penalties for infractions generally include fines but do not result in jail time or a criminal record. Think of these as “citations” or “tickets."
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.
Class C Assault The lowest form of assault is considered a Class C Misdemeanor. The highest penalty one can receive for a Class C Misdemeanor assault is a fine that can be no higher than $500.
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
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
SERIOUS PHYSICAL INJURY means impairment of a person's physical condition which creates a substantial risk of death, or which causes death, or serious and protracted disfigurement, or protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
New York Penal Code § 120.10: Assault in the First Degree A person is guilty of assault in the first degree when: With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or.
Assault in the second degree is a class D felony. The maximum possible sentence is 7 years in prison. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 2 years in prison.