In New York State, Assault in the Second Degree is a class D violent felony.
This means that a Rochester resident convicted of this charge would have a permanent criminal record.
As a class D violent felony, this offense may result in a sentence of between two and seven years of incarceration in a state prison for a first time offender.
After release from prison, there is a mandatory period of post-release parole supervision of between 1.5 to 3 years for a first time offender.
While the Court is not absolutely required to impose a sentence between two and seven years for a first time offender if it finds a lesser sentence is warranted, New York State law requires that a person convicted of Assault in the Second Degree serve time in a jail or a state prison – even if it is only one day.
A person convicted to serve six months or less of jail time may also be sentenced to probation supervision for up to five years.
In addition to these penalties, a defendant may also be required to pay a fine of up to $5,000 and to compensate the victim for any medical expenses or other financial losses arising from the injuries.
If you have been charged with an assault and need legal help, we would like to hear your side of the story. Please call us at 585-484-7432.