Assault 3rd Degree Ny - Assault is one of the most common charges in New York's criminal justice system. But many do not understand why it is sometimes charged as a felony and sometimes as a felony. Additionally, there are other aggravating factors that alter the guilt of the accused. Here we explain the main differences in the types of assault charges in New York.
Simple assault is a Class A misdemeanor punishable by up to one year in prison. The punishment for this crime can be a conditional discharge or three years of probation. It is the defendant's allegation that:
Assault 3rd Degree Ny
"Physical injury" means physical impairment or serious illness. A "deadly weapon" includes most weapons, while a "dangerous weapon" includes most objects capable of causing death or other serious physical harm.
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Many times assault is charged as a crime. If a criminal charge is filed, that means the defendant faces state prison. Specifically, second-degree assault is a D felony, while first-degree assault is a B felony.
Often the fine is increased because the damage to the victim is considered more serious. "Serious physical harm" means physical harm that creates a substantial risk of death or results in long-term impairment of health, disfigurement, or loss of function.
In addition, felony charges include cases involving the use of a weapon or drug used to incapacitate the victim. Additionally, criminal charges may be filed if the injury occurred during the commission of another crime, or if the crime occurred on school grounds.
In addition to the above, there are several other types of aggravated assault. Aggravating circumstances leading to these types of charges include:
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