Assault charges stem from many commonly encountered, emotionally charged situations: such as a dispute over a parking space, road rage, or a disagreement among family members, neighbors or co-workers.


Assault charges can be both misdemeanors or felonies depending upon the extent of the injury suffered by the victim or whether a "weapon" or "dangerous instrument" was used to cause the injury.  An ordinary household item can become a "dangerous instument" under the law, if it's used to hurt someone.


A common defense to an assault charge is "Justification", commonly known as self-defense - although self-defense is only one part of the defense of Justification. 


Justification can forgive otherwise criminal conduct even if you were protecting someone other than yourself.  And when Justification is raised, the defendant is allowed to show that he knew the "victim" has a known history for violence to show that his conduct was reasonable under the circumstances.


Another way of defending against assault charges is to show that the injury was not intended.  The law does not turn accidents into crimes - although the DA may try.  


The titles of all of the New York Penal Law Asssault Charges are listed below.  As you can see, merely from the titles of the charges, assault charges can be brought for a wide range of conduct.  



Section 120.00 Assault in the third degree -

  • This is the most commonly encountered assault charge,

  • Sometimes called, "common law assault".  

  • Assault 3 is a misdemenor.

Section 120.01 Reckless assault of a child by a child day care provider

Section 120.02 Reckless assault of a child

Section 120.03 Vehicular assault in the second degree

Section 120.04 Vehicular assault in the first degree

Section 120.04-A Aggravated vehicular assault

Section 120.05 Assault in the second degree

Section 120.06 Gang assault in the second degree

Section 120.07 Gang assault in the first degree

  • Gang Assault is a very serious charge, and we see this a lot.​

  • You do not have to be in a "street gang" in order to be charged with this.

  • This offense is charged whenever the "offenders" outnumber the victims.

Section 120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional

Section 120.10 Assault in the first degree

Section 120.11 Aggravated assault upon a police officer or a peace officer

Section 120.12 Aggravated assault upon a person less than eleven years old

Section 120.13 Menacing in the first degree

Section 120.14 Menacing in the second degree

Section 120.15 Menacing in the third degree

Section 120.16 Hazing in the first degree

Section 120.17 Hazing in the second degree

Section 120.18 Menacing a police officer or peace officer

Section 120.20 Reckless endangerment in the second degree

Section 120.25 Reckless endangerment in the first degree

Section 120.30 Promoting a suicide attempt

Section 120.35 Promoting a suicide attempt; when punishable as attempt to commit murder

Section 120.45 Stalking in the fourth degree

Section 120.50 Stalking in the third degree

Section 120.55 Stalking in the second degree

Section 120.60 Stalking in the first degree

Section 120.70 Luring a child


Call me at 718-846-5843 to discuss your defense.

© 2013 Anthony M. Battisti - All rights reserved.

Attorney Advertising - Past results do not guaranty future success.