Penalties for First-Degree Assault in New York City
Assault in the first degree is a Class B felony, which means that there is a mandatory jail sentence in the event of a conviction. Class B felonies have a maximum of jail sentence of 25 years.
An individual convicted for first-degree assault is not looking at a scenario where they are going to get community service, anger management, or some diversionary program. If you are facing accusations of violently attacking someone, a knowledgeable defense attorney could explain the penalties for first-degree assault in New York City.
Mandatory Jail Time
The main reason someone should retain an attorney if they are facing first-degree assault charges is because they may endure mandatory upstate jail time. Even if a judge feels that incarceration is too harsh, and the defense loses, the judge is not legally allowed to substitute their own sentencing judgment for what is prescribed by the law.
Simply put, even if the judge feels there are a lot of mitigating factors, the law mandates that an assault defendant must be sentenced to significant jail time. Therefore, the most important reason for hiring an experienced attorney is to try to avoid spending a lengthy time in prison.
Can a Person Receive Probation for New York City Felony Assault Charges?
A person charged with first-degree assault may face probation, but it is less common because these charges constitute a violent felony. An accused person is more likely to see probation granted on nonviolent felonies. However, depending on how a person acts while they are in prison, they may be able to convince the board to grant them probation.
Long-Term Consequences for First-Degree Assault Charges in New Your City
First-degree assault is a violent felony, so an individual with these charges is going to have a criminal record for the rest of their life. Violent felonies also are not eligible to be sealed in New York, which means that offense will stay on their record for life. A felony record closes a lot of doors that people without a criminal record take for granted. It makes it more difficult to get a job or go to school. Getting a car loan, home loan, or opening bank accounts also can become more difficult with a criminal record.
Many situations or occupations require a background check, and an assault in the first-degree conviction would come up during these checks. An instance of assault on someone’s record may require a lot of explaining, and a person who has this type of conviction may experience a lot of rejection from jobs, places to live, or other opportunities.
Mandatory Minimum Sentences for First-Degree Assault
First-degree assault is classified as a Class B violent felony in New York. That designation carries serious consequences, including mandatory minimum prison time. In most cases, the court must impose a sentence of at least five years in state prison, and probation is not an option for a violent felony of this level.
Because it is a violent felony offense, individuals must also serve a period of post-release supervision after completing their prison term. These mandatory rules significantly limit a judge’s discretion, making it crucial that you rely on skilled legal counsel to fight back against your conviction when you have the chance. Our attorneys will work tirelessly to help you get the best possible outcome in your case. This might involve negotiating a plea to a lesser offense or taking the case to trial.
Can First-Degree Assault Convictions Be Expunged?
New York does not offer true expungement for most criminal convictions, and that includes first-degree assault. A violent felony conviction cannot simply be erased from your record after a period of time. Instead, it generally remains visible on background checks conducted by employers, licensing boards, and landlords.
While New York law does provide limited sealing options for certain non-violent offenses, violent felonies are excluded from that relief. This means a first-degree assault conviction can follow you for the rest of your life. Because of the permanent nature of these consequences, it is vital that you discuss your options with an attorney before agreeing to a plea bargain.
In rare circumstances, post-conviction relief may be available, such as a motion to vacate a conviction based on legal errors or newly discovered evidence. However, that is very different from routine expungement, an these outcomes are uncommon.
Factors That Can Increase or Decrease a Sentence for First-Degree Assault
Sentencing in a first-degree assault case does not occur in a vacuum. While state law sets out a maximum and minimum term in some situations, the courts have some leeway with the penalties they hand down. When coming to a final judgment in a first-degree assault case, some of the factors a judge is likely to take into account include the following.
Prior Criminal History
A prior record, especially for violent offenses, can significantly increase the length of a sentence. Repeat felony offender status may expose a defendant to enhanced penalties beyond the standard range, which is often one of the most significant factors when determining a person’s sentence following their conviction.
Severity of the Injury
The extent and permanence of the victim’s injuries will often weigh heavily on a judge’s mind at sentencing. Cases involving life-threatening harm or permanent disfigurement may lead to especially harsh outcomes.
Use of a Weapon
Although first-degree assault often involves a deadly weapon or dangerous instrument, the specific facts of the case matter. The type of weapon used, and the manner in which it was employed, can influence how the court views the seriousness of the situation.
Mitigating Circumstances
On the other hand, there could also be factors that weigh in the favor of the accused. Things like remorse or cooperation with authorities in other cases can support arguments for a sentence closer to the minimum. Our attorneys can continue to advocate for you at the sentencing phase with the hope of securing the lightest possible sentence.
Contact a Lawyer to Learn More About the Consequences for Felony Assault in New York City
The penalties for first-degree assault in New York City are extremely harsh. In addition to spending a significant amount of time in prison, an individual may experience difficulties finding a job or housing. If you need help and are facing these charges, reach out to a seasoned assault defense lawyer today.