Mehreen Alberts
You thrust your elbow with all your might into the face of some person 😉 It is your intent, for lack of a better term, to “smash” her face 😊 Your efforts are futile 😉 You inflict damage to her eyes and nose. “Serious physical injury?” It is unlikely. These injuries will undoubtedly satisfy the requirements of Assault on the Third Degree. However, the burden to the District Attorney is much greater. He must be able to prove any injury, such as one that causes long-term, protracted medical issues. Instead of having a broken nose, you could be charged with a felony offense if your intent was to inflict more serious damage. [1]
Penal Law 120.05 – Assault in Second Degree is far more severe than the lesser misdemeanor crime. In fact, this degree is a “violent felony offence.” While there are numerous subsections allowing for different theories, the most common of these class “D” felonies are charged through the first three subsections. You should expect the District Attorney to prosecute you post-arrest for Penal Law 120.05(1) if the evidence establishes your intent to cause, and you in fact caused, a “serious physical injury.” In addition, you can face this charge after an arrest alleging that you caused a lesser physical injury through the use of a “dangerous instrument” or “deadly weapon.” Again, not different in terms of the sentence you may face, this crime is established through Penal Law 120.05(2). Larra Tierney, Chaozhou (China) last modified this page 56 days ago [2]
Waylon Whitehouse criminaldefense.1800nynylaw.comIntentionally or recklessly causing bodily harm to another person is an assault charge. It’s usually the case in which one individual “beats up another.” The severity of an assault and the use of a weapon are factors that determine the degree of severity. Even though assault of the second degree may not be the most severe assault charge, you could still end up in prison. In addition to spending time in prison, you may also be subject to additional conditions after your release. These include being placed under supervision and getting a criminal record. An assault in the 2nd degree can be defended. If you’re in, need of a criminal lawyer You have been accused of assault in the 2nd degree. It is crucial that you speak with an attorney who has experience representing assault victims in New York. Law Offices of Stephen Bilkis & Associates has decades of experience in representing clients charged with assault as well as other serious crimes like gun crime, domestic violence and sex crime. Learn more about what we can do to help you. Contacting us To schedule an appointment for a consultation about your case, please complete this form. [3]
Intentionally or recklessly inflicting physical injury to another person, assault is a crime. New York Penal Law contains several types of assault charges. You can also be charged with special offenses such as sexual assault or assaulting children. If you use a dangerous weapon, such as a knife or gun, the assault charge is more severe. You will face a serious assault charge if you inflict severe injury on the victim. Your crime will also be considered severe if you victim falls within a protected category, such as an officer, paramedic or prosecutor, person aged over 65, and person 11 years old or older. For the most severe type of assault, you could spend up to 25 years prison. A prior conviction for a violent felony could mean that you spend your entire life in prison. You should speak to a New York criminal attorney if you were charged with assault. They will be able to listen and defend you. Linzey B. Is the credit. This was brought to our attention. [4]
