Bronx Assault with a Deadly Weapon Lawyer

Charges for assault with a deadly weapon against others can range from a Class A misdemeanor to a Class B felony offense. Consulting a Bronx assault with a deadly weapon lawyer is crucial for defending yourself against these serious charges.

In the Bronx, a deadly weapon is more than just a knife or gun. It also can include metal knuckles, billy clubs, and other implements that could cause death or serious physical injuries. If any of these items are involved in the charges you are facing, you should discuss your case with a seasoned assault defense attorney.

Misdemeanor Charges

Under New York Penal Law § 120.00, third-degree assault can occur when someone uses a dangerous instrument or deadly weapon to cause physical harm in a criminally negligent manner. Third-degree assault is the least serious type of assault under state law.

A conviction for third-degree assault is a Class A misdemeanor, which carries a potential sentence of one year in jail and a fine of up to $1,000. Instead of a jail term, however, a person may receive a sentence of up to three years of probation for this offense.

Charges Involving Injuring Others in the Bronx

New York Penal Law § 120.05 sets forth the circumstances under which an assault qualifies as second-degree assault. This section covers a wide range of behaviors, some of which involve a deadly weapon or dangerous instrument. More specifically, assault with a deadly weapon is a second-degree assault in the following circumstances:

• Intentionally causing bodily injury to others using a dangerous instrument or deadly weapon
• Recklessly causing serious physical harm to others or physical harm to children under the age of 18 by using a dangerous instrument or deadly weapon
• Recklessly causing bodily injury to children under the age of 18 through the intentional discharge of a firearm, rifle, or shotgun

Under state law, second-degree assault is a Class D felony offense. A conviction may result in a maximum seven years in prison, with a minimum two-year prison sentence, and a fine of no more than $5,000. Due to the severity of these potential penalties, anyone facing these charges should talk to an assault with a deadly weapon lawyer in the Bronx as soon as possible.

First-Degree Offenses

First-degree assault under New York Penal Law § 120.10 can occur when a person uses a deadly weapon or dangerous instrument to cause serious physical injury to others. An injury qualifies as a serious physical injury when it is severe enough that it could result in a person’s death or physical impairment.

A conviction for a first-degree assault is a Class B felony conviction. This level of offense can result in a prison sentence ranging from five to 25 years, as well as a maximum $5,000 fine.

Aggravated Assault with a Deadly Weapon

New York Penal Law § 120.11 defines aggravated assault against a police or peace officer as occurring when an individual intentionally causes a serious physical injury using a dangerous instrument or deadly weapon. This type of assault is not aggravated unless the person knew or reasonably should have known that the alleged targets of the assault were police officers or peace officers.

Like first-degree assault, aggravated assault of a police or peace officer is a Class B felony offense. Since these offenses qualify as violent felonies, they require a minimum five-year prison sentence. An assault with a deadly weapon attorney in the Bronx could develop a strong defense strategy to avoid these outcomes.

Consult a Bronx Assault with a Deadly Weapon Attorney

The risk of significant periods incarceration can be high in assault cases. A Bronx assault with a deadly weapon lawyer can be instrumental in helping you defend yourself against these charges. Without legal counsel at your side, you may have a challenging time navigating the criminal justice system, which can be complicated. Call today to discuss how an attorney can help you.