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.
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 defense lawyer today.