Assault

In criminal law, assault is defined as an intentional action which puts another individual in immediate harm or inflicts unwanted physical contact. Assault charges may vary in degree from the threat of harm to actual acts of physical harm (battery) to acts of offensive harm such as the use of a deadly weapon (aggravated assault).

Assault is considered both a crime and a tort, which can result in criminal AND civil liability.

Under the NY Penal Code, assault charges are differentiated as:

• Assault in the first-degree.
• Assault in the second-degree.
• Assault in the third degree.
• Assault on a judge: the intent to cause physical harm and prevent the judge from performing their duties.
• Assault on a police officer, fireman, or emergency medical professional: the intent to prevent a police officer, fireman, or emergency medical professional from performing their duty and causing serious harm to them.
• Aggravated assault upon a person less than eleven years old: when an individual commits assault in the third degree on a person less than eleven years old AND has been previously committed of such crime in the past ten years.
• Aggravated assault upon a police officer: the intent to cause serious physical injury to a person he/she should reasonably know to be a police officer.

If you have been accused of assault, you need a legal expert with the knowledge, confidence, and experience to speak for you and your rights. Contact us today to schedule a consultation with one of our experienced criminal attorneys.