Assault with a Deadly Weapon in New York

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Assault with a Deadly Weapon in the state of New York falls can fall under several different definitions of “Assault” under New York Laws. For the sake of keeping Federal statistics, the charge is counted under the definition of “Aggravated Assault.” In the year 2000, the state of New York had an incident rate of 553.9 per 100,000 people in the area of violent crime. That ranked it as the 12th highest in the country for violent crime (where 1 is the highest). As for “Aggravated Assault,” it had an incident rate of 316.7 per 100,000 people, ranking it as the 20th highest in the United States.

Definition of Assault in the State of New York

Various forms of Assault exist in the state of New York under which “Assault with a Deadly Weapon” could be placed depending upon circumstances of the offense.

  • First Degree Assault is charged when serious bodily harm is inflicted upon another or in the case of assaulting a police officer.
  • Second Degree Assault is charged when a dangerous weapon is used as part of the assault. It also includes serious injury to the victim.
  • Third Degree Assault is charged when substantial bodily harm is caused to another.
  • Misdemeanor Assault charges generally include threats, but still have fairly serious consequences, particularly If the defendant has prior convictions. A person can face up to a year in prison. Felony assaults, on the other hand, usually involved some degree of violence; they don’t include merely threatening another. They include such charges as battery and weapon possession and usually always include at least one year in prison.

Penalties for Assault with a Deadly Weapon in New York

The chart below demonstrates some of the possible “Assault” charges and their corresponding penalties that an “Assault with a Deadly Weapon” could conceivable by charged as.

Criminal Charge

Definition

Charge Level

Max Incarceration

Assault in the First Degree

With intent cause serious physical injury to another with a deadly weapon; or with indifference to human life engage in reckless conduct that can lead to death or injury of another; cause serious physical injury to another while in the commission of a crime.

Class B Felony

25 years in prison

Aggravated Assault on Officer

Aggravated assault upon a police officer with intent to cause serious physical injury to the officer; or if such injury is by means of a deadly weapon

Class B Felony

25 years in prison

Assault in the Second Degree

With intent to cause serious physical injury to another causes such injury to another; or with intent to cause physical injury to another causes such injury with a deadly weapon; or recklessly causes serious physical injury to another by means of a deadly weapon

Class D Felony

7 years in prison

Reckless Endangerment in the First Degree

Evincing depraved indifference to human like, a person recklessly engages in conduct which creates a grave risk of death to another

Class D Felony

7 years in prison

Aggravated Assault on Child 11 Years old or Younger

Being eighteen years old or more commits third degree assault on child 11 years old or younger and have been previously convicted of this crime within the last 3 years

Class E Felony

4 years in prison

Assault in the Third Degree

Assault with intent to cause physical injury to another; or causing such injury. Reckless physical injury to another. With criminal negligence causing physical injury to another with a deadly weapon.

Class A Misdemeanor

1 year in jail

Plea Options in the State of New York

Following an arrest for “Assault with a Deadly Weapon” there is a hearing called an “arraignment.” During the arraignment the defendant has the opportunity to make a plea regarding the charges against him.  The plea options are as follows:

Guilty

This is when the defendant admits guilt as to the particulars of the crime and admits to committing the crime. If the defendant pleads guilty there is no need for a trial, only a sentencing hearing will be necessary.

Not Guilty

This is when the defendant asserts that he is innocent of the crime for which he is being accused. In this case a trial date will be set so that innocence or guilt can be determined by the court.

No Contest

This is the option some take when they wish to avoid possible civil suits that can follow a criminal trial. In this case the defendant neither assumes the guilt nor asserts his innocence. As is the case with “guilty” a trial date will be set to ascertain the guilt or innocence of the defendant.

Plea Bargains

There is always the possibility that the prosecutor will offer the defendant a plea agreement or “plea bargain.” This is when the prosecutor in an effort to save the court the time and expense of a trial will offer the defendant the opportunity to plead guilty to a lesser crime or degree of the crime. This gives the defendant the chance to receive a lighter sentence while at the same time saving the court the trouble of the trial.

Seek Legal Representation

“Assault with a Deadly Weapon” is a serious crime that can lead to as long as 25 years in prison if you are found guilty. It is in your best interest to hire a competent criminal defense lawyer who can help you plan an adequate defense and hopefully gain an acquittal or a plea bargain where the sentence is decreased. An attorney is also the best way to ensure that your rights are protected throughout the legal proceedings.

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