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Criminal Defense - Assault Charges

The consequence of being convicted of criminal assault or any violent crime can change the trajectory of a person's life forever. You might say the severity of those consequences will depend on the injuries sustained by the alleged victim.

Assault is simply a physical attack, without a weapon, of one person to another where the result is a physical injury of some kind.

Misdemeanor Assault

In the state of New York, Class A misdemeanor assault (or third degree assault) includes a required maximum penalty of:

  • Jail time less than one year and as many as 364 days
  • Up to $1,000 in fines
  • A mark on your criminal record

Additional consequences that may be at play as a result:

  • Disqualification for certain jobs and careers
  • Potential short circuited educational opportunities

The "proof" needed to file a misdemeanor assault charge could be as simple as a black eye from an alleged punch thrown or a bruise from an alleged violent shove.

Second Degree Felony Assault

When things get more violent, the charges become more serious. This next level of assault could come from harming someone in such a way that medical attention is required to deal with the injuries. This could be as simple as a broken bone.

Consequences if convicted include:

  • Mandatory minimum of 2 years/maximum of 7 years in state prison

First-Degree Felony Assault

This is where the use of weapons comes in. If you were to be tried and found guilty of first-degree assault, you would have a Class B felony on your record. In order for prosecutors to win the case, they will have to prove intent to cause significant and serious physical injury to the other person with the alleged weapon.

Here's what you will be facing if the prosecution successfully proves intent:

  • 5 years mandatory minimum prison sentence
  • 27 years maximum prison sentence

If you or someone you love has been accused of assault, whether first, second, or third degree, enlist the advocacy of an aggressive attorney to put together a thorough investigation on your behalf.

Do You Have An Advocate?

Being accused of assault or any other crime can be a frustrating and emotional experience for anyone. It's difficult not to feel that your future hangs in the balance. Will you ever be able to find gainful employment? Will your name ever be cleared? Our team of attorneys is poised to leverage our decades of experience for the benefit of your case.

We have the skill and proficiency it takes to pursue the best possible outcome for you and your family. Contact us online anytime or call to set up an appointment.

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Hall, Ricketts, Schuller & Gurbacki, P.C.
471 Main Street
East Aurora, NY 14052

Phone: 716-243-3515
Fax: 716-652-2058
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