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Physical Assault In The Military In Queens
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Multi-State
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Queens
Control #:
US-000298
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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.
In the worst cases this can lead to the early termination of a military career, and may even have an impact on work and personal life once the victim has left the forces.
Simple assault is usually the least severe assault crime, and it is generally charged as misdemeanor assault. Further, the laws of some jurisdictions set forth different degrees of simple assault.
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.
Assault in the second degree; class D felony | WomensLaw.
You are guilty of Assault in the Second Degree, NY Penal Law 120.05(1), if you have the intent to cause serious physical injury to someone and actually cause serious physical to that person or another person. It is imperative to note that “serious physical injury” is a term defined in the New York Penal Law.
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.
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