What Happens if You Are Charged with Assault in New York?

assault new york

If you face charges for assault, please read on, then contact an experienced Nassau County assault lawyer to learn what happens when you are charged with assault in New York.

What constitutes assault in New York?

Under Empire State statute, a person commits assault if he or she attempts to cause or purposely, knowingly or recklessly causes bodily injury to another person. It can be as relatively mild as spitting in someone’s face to as serious as trying to hit someone with your car. It should be noted that one does not need to actually strike a person to sustain a conviction for simple assault. New York  breaks down assault into two major categories: “simple” and “aggravated.” The former is prosecuted as a misdemeanor offense. On the other hand, aggravated assault is a felony offense. If the defendant inflicted serious bodily harm or used a deadly weapon or dangerous instrument that constitutes aggravated assault.

What are the penalties for assault in New York?

The penalties break down as follows:

Simple assault:

  • Up to one year of incarceration or three years of probation
  • A potential $1,000 fine

Aggravated felony assault in the second degree:

  • Three to seven years of incarceration
  • A potential fine of up to $5,000

Aggravated felony assault in the first degree:

  • Three to twenty-five years of incarceration
  • A potential fine of up to $5,000

You should reach out to a skilled Nassau County criminal defense attorney to discuss the particulars of your case and develop a tailored strategy.

How can a Nassau County criminal defense attorney help you?

Your seasoned criminal defense attorney may make use of any or all of the following legal defenses:

  • Defense of property: You feared that your personal property was at risk.
  • Mistake of fact: At the time, you thought your actions were legally justified.
  • Self-defense: You feared for your safety.
  • Defense of another: You feared for the safety of another, who would have had the right to defend themselves.
  • Alibi: You were not present at the time of the assault.
  • Insanity: You do not, or did not, understand that your actions were wrong.
  • Consent: You and the alleged victim consented to a boxing match, sports competition or similar consensual event.
  • Lack of intent: Your actions were purely accidental and/or there was no criminal intent.

These charges are serious, so please do not hesitate to give us a call today.


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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