How Can You Be Charged With Assault in New York?

man in handcuffs

If you are facing charges of allegedly attacking another person, please read on, then contact an experienced Nassau County assault lawyer to learn how you can be charged with assault in New York.

How can you be charged with assault in New York?

To assault someone you must issue an intentional and unlawful threat by word or deed to do violence to another person, combined with the evident ability to carry it through, thus creating a well-founded fear in such person that violence is imminent. If the prosecutor demonstrates that you exhibited the intent, apprehension of a harmful contact and causation, you can be charged with either simple or aggravated assault, depending on the circumstances of your case.

What is the difference between simple assault and aggravated assault?

New York state law breaks down assault into two categories: Simple and Aggravated. The former is a Class A misdemeanor punishable by 1 year in jail or 3 years of probation and up to a $1,000 fine. The latter is either a Class D or Class B felony punishable by anywhere between 3 to 25 years in prison and a $5,000 fine. The following are examples of each category:

Simple Assault:

  • Inflicting or threatening to inflict minor injuries, touching and threatening words or behavior
  • Pushing someone away from you in an argument
  • Verbally threatening an individual with violence
  • Raising a fist and moving it in a threatening manner toward a person

Aggravated Assault:

  • Inflicting or threatening to inflict serious injuries or the addition of weapons into the interaction
  • A defendant waving a pocket knife around while threatening to stab the alleged victim
  • Using a glass bottle to strike the alleged victim on the head
  • Shooting or threatening to shoot someone, particularly while the gun is pointed at the alleged victim
  • Assault with the intent to commit another felony crime, such as robbery or rape

How can you fight assault charges in New York?

First, you should reach out to a skilled Nassau County criminal defense attorney who will argue that you were defending yourself, another person or property and, thus, were justified in your use of force. An assault conviction carries weighty penalties, so do not go it alone.


Whether you need a Nassau County Criminal Defense Lawyer or traffic ticket attorney, The Law Office of Jacob A. Rudman is here to help. Our firm has significant experience representing clients facing a wide range of criminal charges, including DUIs, drug crimes, domestic violence, assault, juvenile crimes, and more. If you have been issued a traffic ticket, it is important to contact us today. We zealously represent clients facing tickets for speeding, reckless driving, driving without a license, and those caught using a mobile device. Contact us today to schedule your first consultation with our trusted legal team.

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