If you have been charged with either misdemeanor or felony assault, you need an aggressive criminal defense lawyer. Often the District Attorney over charges a defendant when there is no injury or an merely an injury which does not rise to the level of serious injury. A very common defense to assault charges is that the alleged injury does not meet the standards as required by the Penal Law. Merely hitting another person is not an assault if there is no physical injury.
There are specific definitions of what is considered Physical Injury under the Penal Law of New York State:
“Physical injury” means impairment of physical condition or substantial pain.
“Serious physical injury” means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
SELF DEFENSE AND JUSTIFICATION
GUTTMANN & KELLNER P.C. are experienced New York Criminal Defense Attorneys who have won numerous acquittals utilizing the defense of self defense or justification. You have an absolute right to protect yourself using reasonable force under the circumstances. You also have the right to defend other people who are being attacked. We at GUTTMANN & KELLNER, P.C. believe that a good defense is predicated upon a strong offense. We thoroughly investigate each and every case and speak with every witness.
The following is a summary of the criminal levels of assault in New York:
Assault in the Third Degree: Class A Misdemeanor: Intentionally causing a physical injury to another person or Recklessly causing a physical injury to another person; or with criminal negligence causing a physical injury to another with a deadly weapon or a dangerous instrument.
Assault in the Second Degree: Class D Felony:
Intentionally causing a serious physical injury to another person
Intentionally or Recklessly causing physical injury to another person with a deadly weapon or a dangerous instrument
Intentionally preventing a police officer or firefighter, or a paramedic or traffic officer from performing a lawful duty, by releasing or failing to control an animal for obstructing lawful
Intentionally causing unconsciousness or other physical impairment or injury to another person by administering without their consent, a drug
Causing physical injury to a person while committing or fleeing the commission of a felony
Being over eighteen years old and intentionally causing a physical injury or recklessly causes serious physical injury to someone less than eleven years old
Being over eighteen years old intentionally causing physical injury to a person less than seven years old
Causing injury on school grounds to a school employee
Injuring various types of public employees including transportation workers.
Intentionally causing physical injury to a person who is sixty-five years or older, (Except if the defendant is less than 10 years younger)
Assault in the First Degree is a class B felony.
Intentionally causing a serious physical injury to another person, with a deadly weapon or a dangerous instrument
Intentionally disfiguring another person seriously and permanently, or destroying, amputating or disabling permanently a member or organ of another’s body
Under circumstances evincing a depraved indifference to human life, recklessly engaging in conduct which creates a grave risk of death to another person, and causes serious physical injury to another person
In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant, causes serious physical injury to a person.
Gang Assault in the Second Degree– Class C felony:
Intentionally causing physical injury to another person and when aided by two or more people.
Gang Assault in the First Degree -Class B Felony:
Intentionally causing a serious physical injury to another person and when aided by two or more other people.
Aggravated Assault On A Police Officer-Class B Felony:
With intent to cause serious physical injury to a person whom he knows or should know is a police officer or a peace officer engaged in the course of performing his official duties, he causes such injury with a deadly weapon or dangerous instrument.