Against Burglary Charges
The NYPD arrested over 26,000 people on the charge of assault in the first six months of 2026. That means six people are charged for assault every hour! An assault charge can change your life in an instant. An assault conviction may result in jail, probation, fines, in addition to a permanent criminal record. An assault conviction can also affect employment, professional licensing, and housing opportunities.
New York prosecutors aggressively pursue assault cases. They often rely on witness statements, medical records, surveillance video, and police testimony. However, an arrest is not the same as a conviction. Every assault charge must be proven beyond a reasonable doubt. An experienced New York criminal defense lawyer can investigate the facts, challenge the prosecution’s evidence, and work to have the charges reduced or dismissed.
The decisions made during the early stages of an assault case often affect the final outcome. An experienced criminal defense lawyer can review police reports, interview witnesses, examine surveillance footage, consult with experts when appropriate, and identify weaknesses in the prosecution’s evidence.
Many assault cases are resolved through reduced charges, dismissals, or favorable negotiated outcomes. Others proceed to trial when the evidence supports a strong defense.
If you have been charged with assault in New York, do not assume the prosecution’s version of events is the only one that matters. An experienced defense attorney can protect your rights, challenge the evidence, and work toward the best possible outcome under the facts of your case. Call 917-519-8417 today.
New York assault offenses are found in Article 120 of the Penal Law. The severity of the charge depends on several factors that include:
Some assault offenses are misdemeanors. Others are felony crimes that carry lengthy prison sentences.
Assault in the Third Degree is the least serious assault offense and is classified as a Class A misdemeanor. Although it is a misdemeanor, the consequences can still be severe. A conviction may result in up to one year in jail, probation, fines, and a permanent criminal record.
A person may be charged if prosecutors believe they caused physical injury (substantial pain or impairment) to another person:
Assault in the Second Degree is charged under Penal Law §120.05. This offense is a Class D felony. It covers a wide variety of situations involving serious injuries, dangerous instruments, deadly weapons, or assaults against certain protected individuals, including police officers and other public servants under specific circumstances. A felony conviction can result in up to 7 years in prison and long-term collateral consequences.
Assault in the First Degree is one of the most serious assault offenses in New York. It is charged under Penal Law §120.10 and is classified as a Class B violent felony. Prosecutors generally allege that the defendant intentionally caused serious physical injury by using a deadly weapon or dangerous instrument, or that other aggravating circumstances apply under the statute.A conviction may lead to up to 25 years in state prison.
New York law also creates several specialized assault offenses that include:
Each offense contains unique legal elements that prosecutors must prove beyond a reasonable doubt.
Every assault case is different. A defense lawyer will need to carefully examine every piece of evidence before recommending a legal strategy. Several defenses may be available depending on the facts.
For misdemeanor assault under NYPL § 120.00 the state must prove “physical injury,” defined as substantial pain or impairment of physical condition. Minor scrapes, temporary discomfort, or superficial redness often fail to meet this legal threshold.
Self defense is one of the most common defenses. New York law NYPL § 35.15 allows individuals to use proportional force in certain situations to protect themselves (or another person) from unlawful physical force if the defendant reasonably believes that unlawful physical force was being used or about to be used . A defense lawyer can argue that your actions were legally justified.
Defense of Property NYPL § 35.20 describes that reasonable force may be justified to prevent or terminate what is reasonably believed to be a trespass, burglary, or larceny.
Most assault charges require that prosecutors prove intent or reckless conduct. Demonstrating that an injury was purely accidental or resulted from a mutual struggle without criminal intent undermines a core element of the crime. Your attorney can argue that the injury resulted from an accident rather than intentional criminal conduct.
Witnesses do not always identify the correct person. Poor lighting, stress, distance, and chaotic situations can lead to mistaken identifications. A skilled criminal defense lawyer will challenge eyewitness testimony using video evidence, forensic evidence, or inconsistencies in witness statements.
Not every accusation is truthful. Some assault allegations arise from personal disputes, divorces, child custody battles, workplace conflicts, or neighborhood disagreements. A New York criminal defense attorney will investigate whether the allegations are motivated by bias, revenge, or another improper reason.
The prosecution bears the burden of proof. If the evidence is weak, inconsistent, or contradictory, your attorney will argue that prosecutors failed to establish guilt beyond a reasonable doubt. The defense does not have to prove innocence.
Police officers must follow constitutional requirements during investigations. If officers conducted an unlawful search, obtained an improper confession, or violated your constitutional rights, your lawyer may ask the court to suppress evidence. Excluding key evidence can significantly weaken the prosecution’s case.
Remain calm, exercise your right to remain silent, and ask to speak with a criminal defense lawyer before answering any questions.
Not necessarily. Many defendants are released after arraignment, although release conditions may apply.
Misdemeanors generally carry less severe penalties. Felony assault charges involve more serious allegations and can result in prison sentences up to 25 years.
Yes. Charges may be dismissed if there is insufficient evidence, legal errors, or successful pretrial motions.
It is a court order that may prohibit contact with the alleged victim or restrict where you may go.
Violating a court order can lead to additional criminal charges and may affect your release conditions.
Self defense may be a legal defense if the facts support that your use of force was legally justified.
An experienced attorney can protect your constitutional rights, evaluate the evidence, negotiate with prosecutors, prepare a strong defense, and pursue the best possible outcome for your case.
