WHAT IS THE STANDARD SENTENCE FOR SECOND DEGREE ASSAULT under NY criminal code

Asked over 5 years ago - Bronx, NY

WHAT IS THE STANDARD SENTENCE FOR SECOND DEGREE ASSAULT

Attorney answers (2)

  1. Oscar Michelen

    Contributor Level 16

    3

    Lawyers agree

    5

    Answered . These type of questions are always difficult to answer because so many factors play a role in the outcome of a case. Is there a defense? Did the police arrest the defendant legally? Did the defendant confess? Does he have a prior record? What are the injuries alleged? Are they to an officer or with the use of a weapon (thats what makes it second degree)? Is he a prior felon? The legally correct answer is that there is no mandatory minimum jail time (he can get probation as long as he is not a felon) up to a maximum of 15 years. All of the above factors and more will determine where in between he falls. Many defendants don't do any time for a D felony assault case if they have no significant prior record and the injuries are not signficant. Others do upstate jail time.

    DISCLAIMER- THIS CAN NOT AND DOES NOT TAKE THE PLACE OF LEGAL ADVICE> IT IS FOR INFORMATION PURPOSES ONLY. IT DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD CONSULT A QUALIFIED LOCAL PRACTITIONER IN YOUR AREA FOR LEGAL ADVICE.

  2. Peter H Tilem

    Contributor Level 8

    3

    Lawyers agree

    5

    Answered . There is no standard sentence. Every case is different and sentences can vary greatly. The maximum sentence is 7 years and there is no minimum. That means you can get probation. You should speak to a lawyer as soon as possible and figure out if you have any defenses.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,627 answers this week

2,874 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,627 answers this week

2,874 attorneys answering