Assaults come in three different levels: first-degree, second-degree, and third-degree. First-degree assaults always involve physical harm, and second-degree assaults may not involve the use of a deadly weapon. A defendant must have the intention to harm the other party, and must intentionally disfigure or permanently destroy the other person’s body or part. The following are examples of what constitutes an assault.
Assault is a criminal offense and a civil tort. It can result in a civil lawsuit against a person who has committed an assault. While assault is considered a criminal act, every state has a criminal statute for the crime. Depending on the severity of the assault, convictions can carry jail sentences and fines. A simple assault does not involve any weapon or serious bodily harm and can be classified as a minor assault.
The third-degree assault is a misdemeanor. This level of assault carries a mandatory three-year probation term. In New York, George Roppoccio was convicted of assault in the third degree after biting and punching a victim. He was sentenced to three years probation. Charles Gambetta, on the other hand, was given the same sentence. This case shows the importance of knowing the law and understanding your rights.
If you’ve been accused of an assault, you’ll need to hire an experienced NY assault defense attorney to help you with your case. Even the most minor assaults can result in serious penalties, so it is imperative to hire a professional attorney who can help you in the courtroom. Whether or not a weapon is involved in an assault depends on the circumstances and intent of the defendant. If a dangerous weapon is used, the assault is a felony.
