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Felony Assault

An individual that has been charged with a felony assault offense in Queens, NY can face severe repercussions if convicted of the offense, including:

  • A lengthy prison sentence;
  • A criminal record;
  • An inability to pursue certain employment or professional opportunities; and/or
  • Ineligibility to own or possess a firearm.

However, it is important to remember that criminal charges for felony assault do not necessarily have to result in a conviction. The prosecution has the burden of proof to demonstrate you committed every element of the offense beyond a reasonable doubt, which can be a difficult burden to meet. If the judge or jury has any doubt in the prosecutor’s case, the charges against you may be reduced or even dismissed. Therefore, it is essential to contact an experienced criminal defense lawyer in Queens to help you identify the best defense for your particular situation.

Queens Felony Assault Lawyer

Contact the Law Office of Rochelle S. Berliner if you have been charged with a felony assault offense in all areas of New York, including Queens, Brooklyn, Manhattan and the Bronx. Rochelle S. Berliner is knowledgeable in all areas of New York’s assault laws, and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense.

Call the Law Office of Rochelle S. Berliner at 718-261-5600 for a consultation about your felony assault allegations.


New York Physical Injury Definition>

Felony assault offenses generally require an element of physical injury or serious physical injury. As defined in the New York Penal Laws, these terms are defined as:

  • Physical Bodily Injury, N.Y. Penal Law § 10.00(9) – Physical bodily injury involves the impairment of a physical condition or substantial pain.
  • Serious Physical Injury, N.Y. Penal Law § 10.00(10) – Serious bodily injury is defined as physical injury that creates a substantial risk of death, or that causes death or serious protracted disfigurement, impairment of health, or loss or impairment of the function of any bodily organ.

Felony Assault in the First Degree in Queens

An individual can be charged with felony assault in the first degree under New York Penal Law §120.10 if they:

  • Intentionally cause serious physical injury to another person or a third party through the use of a deadly weapon or a dangerous instrument;
  • Intentionally cause serious and permanent disfigurement to another person or permanently disable a body part or organ;
  • During the commission, flight from, or attempt of a felony offense, the alleged offender causes serious physical injury to another person; or
  • Recklessly engages in conduct that creates a serious risk of death to another person, and through the reckless conduct causes serious physical injury to another person.

This offense is punishable as class B felony.


Queens Felony Assault in the Second Degree

An individual can be charged with felony assault in the second degree under New York Penal Law §120.05 if they:

  • Intentionally causes serious physical injury to another person or a third party;
  • Intentionally causes physical injury to another person or a third party through the use of a deadly weapon or dangerous instrument;
  • Recklessly causes serious physical injury to another person through the use if a deadly weapon or dangerous instrument;
  • Intentionally causes another person to be unconscious, in a stupor or physically injured or impaired from the use of a drug or substance without that person’s consent;
  • Intentionally prevents a public official from performing their duties, and as a result, causes physical injury to that person;
  • Intentionally causes injury to another person while confined in a correctional facility;
  • Recklessly causes serious physical injury to a child under the age of 11 years old while the alleged offender is 18 years or older;
  • Intentionally causes physical injury to a child under the age of seven years old while the alleged offender is 18 years or older;
  • Intentionally causes physical injury to a school employee or student if the alleged offender is not a student while having knowledge or reasonably should know  they are on school grounds;
  • Intentionally causes physical injury to a public or private transit agency employee while in the course of their employment;
  • Intentionally causes physical injury to an individual who is 65 years old or older and the alleged offender us more than ten years younger than the alleged victim; or
  • During the commission, flight from, or attempt of certain felony offenses, the alleged offender causes physical injury to another person.

This offense is punishable as class D felony.


Reckless Assault of a Child

According to New York Penal Law § 120.02, an individual can be charged with reckless assault of a child if they recklessly cause serious physical injury to a child’s brain who is under five years old by shaking the child or slamming or throwing the child’s head on a hard surface. This offense is punishable as a class D felony.

A child day care provider can be charged with felony reckless assault of a child if they recklessly cause serious physical injury to a child under the age of 11 who is under the care of a day care provider or employee, according to New York Penal Law § 120.01. This offense is punishable as a class E felony.


Queens Felony Gang Assault

According to section 120.07 of the New York Penal Laws, an individual can be charged with gang assault in the first degree if they intentionally cause serious physical injury to another person when aided by two or more other persons who are present. This offense is punishable as a class B felony.

An individual can be charged with gang assault in the second degree under New York Penal Law § 120.06 if they intentionally cause physical injury to another person, but causes serious physical injury when aided by two or more people who are present. This offense is punishable as a class C felony.


Queens Felony Assault Offenses Against Certain People

An individual can be charged with assault on a judge under New York Penal Law § 120.09 if they intentionally cause serious physical injury to a judge and prevents them performing their official duties. This offense is punishable as a class C felony.

According to section 120.08 of the New York Penal laws, an individual can be charged with assault on a peace officer, police officer, fireman or emergency medical services professional if they cause serious physical injury to any of these individuals with the intent to prevent them from performing a lawful duty. This offense is punishable as a class C felony.


Aggravated Assault Offenses in Queens

According to New York Penal Law § 120.12, an individual who commits aggravated assault against a person under the age of 11 years old can be convicted of a class E felony offense if they were 18 years old or older when they allegedly committed the offense and they have a previous conviction for the same offense within the preceding three years.

An individual can be charged with aggravated assault on a police officer under New York Penal Law § 120.11 if they intentionally cause serious physical injury to person the alleged offender knew or reasonably should have known was a police officer in the course of employment with a deadly weapon or dangerous instrument. This offense is punishable as a class B felony.


Felony Assault Penalties in New York

Articles 70 and 80 of the New York Penal Law define the maximum penalties an individual could face if they are convicted of a felony assault in Queens. However, a convicted offender’s sentence could vary depending on a variety of factors, which can include:

  • Whether the offense is considered violent or non-violent;
  • Whether the alleged offender was a juvenile offender;
  • Whether the alleged offender was a youthful offender;
  • Whether the alleged offender was a persistent or violent offender; and
  • Whether the alleged offender has any previous criminal convictions.

The penalties for an alleged offender who is not a mandatory violent felon are as follows:

  • An individual convicted of a class B felony assault can receive a prison sentence for up to 25 years.
  • An individual convicted of a class C felony assault can face imprisonment up to 15 years.
  • An individual convicted of a class D felony assault offense can face a prison sentence up to seven years imprisonment.
  • An individual convicted of a class E felony assault offense can receive a prison sentence for up to four years.

Law Office of Rochelle S. Berliner | Queens Felony Assault Defense Attorney

If you have been charged with a felony assault offense anywhere in New York City, including Queens, Brooklyn, the Bronx and Manhattan, you should immediately seek legal counsel. Rochelle S. Berliner is an experienced Queens criminal defense lawyer who is dedicated to fighting the allegations against you.

Contact the Law Office of Rochelle S. Berliner today for a consultation about your alleged violent crime. Call 718-261-5600 or submit an online form right now.

Free Consultation

Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.

Name* Phone* Email* Subject* Message*

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