A Former District Attorney Now Fighting For Your Rights


This educational video on Buffalo assault charge penalties was provided by Drew Fritsch, an experienced Buffalo Criminal Lawyer.

  • The consequences for being convicted of an assault charge depends on specific factors.
  • Assault in the third degree is an A misdemeanor punishable by up to a year in jail. It requires the individual who was assaulted to have sustained some type of injury.
  • Second degree assault is a class D felony involving serious bodily injury or use of a weapon.
  • Assault in the first degree is a class B violent felony punished by up to 20 years in jail.

When dealing with police:

  • Use a calm, respectful tone. Do not yell, threaten, or be sarcastic.
  • Respond to questions promptly and comply with the officer’s directions.
  • Do not “resist” arrest: do not run, struggle, or try to prevent officers from putting you in handcuffs or placing you in a vehicle.

Remember that the arresting officer will testify at your trial. The officer will mention your comportment – good or bad. Testimony to your disrespectful behavior will make a judge less likely to reduce or drop charges, and could make that judge harsher in sentencing; testimony to your good behavior could contribute to lighter sentencing or reduced charges.

All that said, remember that you do not have to answer any questions. Instead of acting disrespectfully, some people are too forthcoming when under arrest, and end up saying things that incriminate themselves. It will be wise for you to inform an officer respectfully that you do not wish to answer questions, invoking your right to communicate with your lawyer.


Did you or a loved one get arrested and charged for assault and worried about the Buffalo assault charge penalties you will face? Don’t plead guilty to any assault charge until we review your case.

Contact our experienced Criminal Lawyer in Buffalo, New York. Drew Fritsch is dedicated to defending your freedom and protecting your future. We offer free consultations and have achieved positive outcomes for countless clients.

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If you are being investigated for a crime, contact our law office immediately. Time is of the Essence. Do not talk to anyone about your case except for your attorney.