Felony Assault

In New York, an assault occurs when a person injures someone else without legal justification. Assault can be charged as either a misdemeanor or a Class D felony or higher level Class B felony. There are two levels of felony assault – the lower level Class D felony of second-degree assault and the higher level Class B felony of first-degree assault. Both levels require that a victim suffer a “physical injury” of varying severity but with felony assault, the physical injury must be severe that creates a substantial risk of death, or actually causes death, long-term disfigurement, ill health, or loss or impairment of an organ.