Assault charges in New York are graded by three things: how badly the other person was hurt, what the accused person intended, and whether a weapon or dangerous instrument was involved. The difference between a misdemeanor and a violent felony often turns on medical records that nobody has read closely yet.
Degrees of assault
- Assault in the third degree (PL § 120.00): a class A misdemeanor, usually alleging intentional or reckless “physical injury.”
- Assault in the second degree (PL § 120.05): a class D violent felony, including cases alleging a weapon or injury to certain protected workers such as police officers.
- Assault in the first degree (PL § 120.10): a class B violent felony alleging serious physical injury.
- Related charges: menacing (PL §§ 120.13–120.15), reckless endangerment (PL §§ 120.20–120.25) and harassment in the second degree (PL § 240.26), which is a violation.
How the defense is built
- Justification (self-defense or defense of others) under Penal Law Article 35, which the prosecution must disprove once it is raised.
- Whether the injury meets the legal definition of “physical injury,” meaning impairment of physical condition or substantial pain.
- Identification problems in crowded or chaotic scenes, and what surveillance and phone video actually show.
- Statements made at the scene and whether they were taken lawfully.
Questions clients ask
The other person says they do not want to press charges. Will the case be dropped?
Not automatically. In New York the District Attorney decides whether to prosecute. A complainant’s wishes matter, but the case can continue without their cooperation, especially in domestic incidents.
Can an assault charge be resolved without a criminal record?
Sometimes. Depending on the facts and your history, outcomes such as an adjournment in contemplation of dismissal (ACD) or a plea to a non-criminal violation may be possible. Both are sealed under New York law.
This page is general information about New York law, current as of its last review. It is not legal advice about your situation, and laws and court practices change. Speak with a lawyer about the facts of your case.