Criminal Defense

Assault Charges

Charged with assault in New York? The charge ranges from a Class A misdemeanor (Penal Law § 120.00) to a violent Class B felony (§ 120.10), and related counts like menacing and reckless endangerment often come with it. We defend the full range across NYC, Long Island, and Upstate courts.

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Overview

What you need to know about Assault Charges.

The basics, what we do, and the issues we see most.

What are the assault charges in New York?

Quick Answer

New York grades assault by the seriousness of the injury and the intent. Assault in the third degree (Penal Law § 120.00) is a Class A misdemeanor — intentionally or recklessly causing physical injury. Assault in the second degree (§ 120.05) is a Class D violent felony, frequently charged when a weapon, a serious injury, or a protected victim is involved. Assault in the first degree (§ 120.10) is a Class B violent felony reserved for serious physical injury caused with a deadly weapon or with intent to disfigure. Closely related charges include menacing (§ 120.14, § 120.15) and reckless endangerment (§ 120.25).

Services we offer for Assault Charges.

We defend assault and related charges at every stage:

Arraignment representation and arguments for release
Testing the alleged injury, intent, and any justification (self-defense) under Penal Law Article 35
Reviewing 911 calls, medical records, and video; cross-examining the complaining witness
Seeking to reduce a felony assault to a misdemeanor or a non-criminal disposition where the facts support it
Addressing related orders of protection and their effect on your home and work
Hearings and trial before a NYC, Long Island, or Upstate jury

Scenarios we see most.

Bar, street, or domestic altercations charged as assault in the third degree
A weapon or “dangerous instrument” elevating the case to a felony
Police, peace-officer, or other protected complainants under § 120.05/§ 120.08
Disputed self-defense or justification claims
Orders of protection that force you out of a shared home

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

People Facing Misdemeanors

Theft, assault, trespass, and drug-possession charges in Criminal and District Courts.

People Facing Felonies

Indictments and serious charges handled through hearings, grand jury, and Supreme Court.

Drivers Arrested for DWI/DUI

The criminal charge plus the separate DMV license and chemical-test refusal proceedings.

Desk Appearance Tickets

People given a DAT or facing a first arrest, navigating arraignment and next steps.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

1
Step 1 of 4
Free, confidential case review
2
Step 2 of 4
Investigation — injuries, witnesses, video, and the justification defense
3
Step 3 of 4
Court appearances and negotiation with the District Attorney
4
Step 4 of 4
Motions, hearings, and trial if your case calls for it

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

Is assault a felony in New York?

It depends on the degree. Assault in the third degree (Penal Law § 120.00) is a Class A misdemeanor. Assault in the second degree (§ 120.05) and first degree (§ 120.10) are violent felonies that carry mandatory prison exposure. The grading turns on the seriousness of the injury, whether a weapon was involved, and intent.

Question 2

What is the difference between assault and menacing?

Assault requires physical injury. Menacing (Penal Law § 120.14 / § 120.15) involves intentionally placing someone in fear of injury — for example by displaying a weapon — without necessarily causing injury. The two are often charged together.

Question 3

Can the case be dropped if the other person doesn’t want to press charges?

Not automatically. In New York the District Attorney, not the complaining witness, decides whether to prosecute. A reluctant complainant can affect the case, but the decision rests with the DA — which is why early defense work matters.

Question 4

What does an order of protection mean for me?

At arraignment a criminal court can issue an order of protection that limits contact with the complainant and can require you to leave a shared home. Violating it is a separate crime. We address the order’s scope at the earliest court appearance.

Guides & resources