At the Law Office of Scott G Cerbin, Esq., PLLC, in New York, we find that many of our clients facing assault charges have no clear idea of what the charges mean or what the prosecutor must prove in order to convict them. Given that New York law provides for four separate categories of assault, it is not difficult to understand why such confusion exists.

As FindLaw explains, per Sections 120.00 through 120.12 of the New York Penal Code, you can face four different degrees of assault charges as follows:

1. Third degree assault – Class A misdemeanor
2. Aggravated assault of a minor under 11 years of age – Class E felony
3. Second degree assault – Class D felony
4. First degree assault or aggravated assault on a law enforcement officer – Class B violent felony

Elements of proof

As a basic premise, assault requires that you physically injure your alleged victim or put him or her in fear of immediate bodily injury. The precise elements of proof necessary to convict you will depend on which kind of assault your charges represent. For instance, the judge or jury may need to consider the identity and age of your alleged victim, your intent to cause him or her harm, the seriousness of the harm you caused, and whether or not you used a weapon as part of your alleged assault. They likewise will need to consider whether or not you have previous assault convictions.

Aggravated assault

A charge of aggravated assault means that you allegedly intended to cause serious bodily injury to your alleged victim and that you knew or should have known that (s)he was a child under 11 years of age or a law enforcement officer performing his or her official duties at the time of your alleged assault.

Assault penalties

If the judge or jury convicts you, you face the following penalties:

• Third degree assault – maximum one year in jail and/or a fine of up to $1,000
• Aggravated assault of a minor under 11 years of age – 18 months to four years in prison and a maximum $5,000 fine
• Second degree assault – Three to seven years’ imprisonment and a maximum $5,000 fine
• First degree assault or aggravated assault on a law enforcement officer – Three to 30 years’ imprisonment and a maximum $5,000 fine

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At the Law Office of Scott G. Cerbin, Esq., PLLC, in New York, we know how difficult your life becomes when you face criminal charges. No matter what the charge, your freedom likely is at stake. In addition, not only could you face a substantial prison sentence if convicted, you likewise could face payment of a substantial fine.

People across the nation continue to list crime as one of their biggest concerns. The Pew Research Center, however, recently released the results of its study showing that crime may not be as bad in the U.S. as people think it is. Here are their top five findings.

1. Violent crime down by 48 percent

Using data from the annual reports of the FBI and the Bureau of Justice Statistics, Pew found that violent crime in the U.S. has declined significantly since it peaked in the early 1990s. Between 1993 and 2016, the last year for which data is available, FBI data show that nationally, violent crimes decreased by 48 percent, from 747.1 per 100,000 residents to 383.6. BJS data show an even larger decrease during this period: 74 percent from 79.8 per 1,000 residents to 21.1.

2. Property crimes likewise down

Property crimes such as burglary, theft and auto theft also decreased between 1993 and 2016. The FBI data show a 48 percent decrease, while BJS data show a 66 percent decrease.

3. Public perception and data at odds

Despite these encouraging figures, most people think that the U.S. crime rate is up at best and out of control at worst. Gallup polls consistently show that 60 percent of Americans believe that more crime occurs each year than the year before. Interestingly, however, this percentage drops significantly when residents talk about crime in their own areas. In answering this poll question, less than 50 percent of responders say that the crime rate is up in their own area.

4. Regional differences

FBI data show a significant difference in crime from one area of the country to another. For instance, in states such as Alaska and Tennessee, over 600 violent crimes occur for every 100,000 residents. In contrast, states such as Maine and Vermont show a violent crime rate of fewer than 200 per 100,000 residents.

5. Most crimes neither reported nor solved

BJS data show that in 2016, only 42 percent of violent crime victims nationwide reported the incident to law enforcement officers, and only 36 percent of property crime victims reported these crimes. Even more disturbing, once reported, officers solved only about 46 percent of the violent crimes and a paltry 18 percent of the property crimes.

For more information, please visit this page on our website.