Assault is a crime that can have serious consequences for both the victim and the perpetrator. It can range from a misdemeanor offense to a felony that results in imprisonment and substantial fines. It can also affect a person’s employment, housing, and other opportunities for some time after conviction. An experienced New York assault lawyer can help you fight to avoid conviction and minimize the impact of a conviction on your life.
The law defines “assault” as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. The tortfeasor does not have to intend to cause physical injury, but the act must be one that violates prevailing social standards of acceptable touching. It does not matter that the motive was a legitimate one such as self-defense or that the victim had consented to the contact.
In the United States, assault is usually a crime of the third or second degree. However, a case may be elevated to a felony for more serious acts such as battery or the use of a deadly weapon or dangerous instrument in the assault. Additionally, the severity of an attack can be heightened to a crime of the first or second degree if it causes serious injuries or occurs against certain groups such as people over 65 or children under 11, or if it occurs in the course of a gang assault or when attacking a police officer or other official.