Violent criminal offenses are among the most serious charges an individual can face. A conviction for a violent criminal offense leaves someone with a worrisome criminal record. Employers and landlords that sometimes work with those who have criminal records may turn away applicants convicted of assault.
Those lost future opportunities are concerning, but the penalties the courts may impose are often even more worrisome. There are a range of different assault charges that state prosecutors can pursue, and each of those carries its own set of potential penalties. What are the consequences of a New York assault conviction?
The circumstances determine the penalties
The most minor form of assault is third-degree assault. Prosecutors bring misdemeanor charges against those accused of third-degree assault. Such cases involve causing injury through recklessness or intentionally causing physical injury to another person.
Usually, such cases involve minor injuries without permanent consequences. The penalties can include up to a year in jail or three years of probation. The courts can order someone to pay up to $1,000 in fines and $15,000 in restitution to the victim.
Second-degree assault involves serious injuries or aggravating factors. Those factors include targeting protected victims, intentionally causing injury with a deadly weapon, drugging someone without their consent or harming someone during the commission of a separate felony crime. The potential penalties include between two and seven years in prison or five years of probation. There could be a fine of up to $5,000.
First-degree assault is the most serious form of assault. Such cases involve intentionally causing serious and permanent disfigurement or disability. Injuring someone with a deadly weapon or displaying indifference to human life can lead to first-degree assault charges. As a Class B felony, first-degree assault can lead to between five and 25 years in prison. Large fines and community service can also be penalties for first-degree assault.
Anyone accused of assault may benefit from mounting a thorough defense to those allegations. A successful defense strategy can allow someone to avoid prison and the financial consequences of a conviction. Exploring the situation that led to someone’s arrest with the assistance of a skilled criminal defense team could help them determine an appropriate defense strategy if they take their case to trial.