Bronx Second-Degree Assault Lawyer
Assault charges come in varying degrees of severity, from first to third-degree. The level of charges depends on how the offense occurred, the extent of the resulting injuries, the nature of the alleged victim, and other factors. A Bronx second-degree assault lawyer can be instrumental inadequately defending you against these allegations.
A conviction for a second-degree assault is a felony, meaning the penalties may include lengthy terms of incarceration, as well as a permanent felony record. Therefore, consulting an experienced assault defense lawyer is critical.
Defining Second-Degree Assault
The offense of second-degree assault under New York Penal Law § 120.05 covers a broad range of behaviors. Actions that may constitute this offense include:
- Intentionally causing severe physical injury to others
- 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
- Intentionally administering drugs or substances to others to cause them to become unconscious, impaired, or injured, without their consent
Second-degree assault also may occur when someone assaults various classes of people while they are attempting to carry out their lawful duties. These people include police officers, prosecutors, nurses, sanitation workers, firefighters, emergency medical personnel, and school crossing guards, among others. This section also covers social services employees who are engaged in investigating or responding to allegations of abuse or neglect of a child, vulnerable elderly persons, and disabled adults.
Other examples include causing physical injury to others while committing some felony offenses, injuring others while incarcerated, and intentionally injuring children under the age of seven. Furthermore, recklessly causing serious physical injury to children under the age of 11, intentionally injuring school employees on school grounds, and injuring individuals who are over 65 years of age when the actor is ten years or younger all may qualify as second-degree assault. A second-degree assault lawyer in the Bronx can assess the evidence in an assault case and develop a strong defense to the charges.
Potential Penalties in the Bronx
This offense is a Class D felony offense. A conviction for a Class D felony carries the potential for up to seven years in prison and a fine of up to $5,000. Since state law classifies this offense as a violent felony, a conviction also requires a minimum two-year sentence.
Anyone with at least one prior felony conviction within the last ten years may face more than the minimum sentence for a conviction. If one or more of the prior convictions was for a violent felony, or if the person has at least two prior felony convictions, the sentence will be even higher.
Post-release supervision for a second-degree assault conviction also may occur. This period of supervised release can last from one and one-half to three years. During this time, the person will be subject to various requirements, including regular visits to a parole officer, drug testing, and obeying a curfew.
Collateral Consequences of a Conviction
The sanctions for a second-degree assault conviction include collateral consequences, as well. A conviction for a violent felony removes many civil rights, including the right to possess firearms and the right to vote. A person may also be ineligible for some jobs, careers, and professional licenses.
Having a felony conviction that appears on background checks by prospective landlords, employers, and more can be highly damaging. Even after serving a sentence imposed by the judge, a person could face lingering consequences for years into the future.
Call a Bronx Second-Degree Assault Attorney for Advice
The repercussions you can face as a result of second-degree assault charges can be devastating for you and your family. Even beyond your prison sentence and fines, you can experience further ramifications that can make your life more challenging, especially from a financial perspective. A Bronx second-degree assault lawyer could help you determine the best defense strategy in your case. To get started, call today for a consultation.