No two crimes are quite the same, and New York State has encoded these differences into law. With regard to crimes such as assault, there are several different levels, or degrees, each with its own criteria and corresponding repercussions. If you have been charged with assault but are confused as to what unclear terms such as “first degree” entail, be sure to watch our educational legal videos below and contact our team of attorneys for further guidance.
Assault Charges – Assault in the First Degree
Assault in the first degree is a class B felony. You are guilty of assault in the first degree if, in the commission of another felony, or in flight from that felony, you cause significant physical injury to another person. These injuries can include conditions ranging from death to impairment of a bodily function. If you are charged, it is important that you speak to a criminal defense attorney as soon as possible.
Assault Charges – Assault in the Second Degree
Assault in the second degree is a class D felony. Similar to assault in the first degree, you are guilty of assault in the second degree if, in the course of committing another felony or fleeing thence, you cause physical injury to another person. Injuries relevant here encompass severe pain or impairment. The court will consider a number of factors to determine whether you were in flight from committing a felony, including the distance from where the felony occurred, whether you are in possession of the objects involved in the crime, and whether there is a police officer involved.
Assault Charges – Assault in the Third Degree
Assault in the third degree is not a felony but rather a class A misdemeanor. You are guilty of assault in the third degree if you cause physical injury to someone, and as with assault in the second degree, these injuries comprise pain and physical impairment. Involvement in another felony is not relevant to this degree of assault.
If you or a loved one has received assault charges and are unsure how to proceed, contact our Buffalo assault lawyers today for aggressive defense. Let our experience work for you.
