I recently had a call from an individual who indicated that he was being investigated for an assault which had recently occurred in downtown Buffalo. He asked me, “What are the consequences for me if I am convicted of assault?” Assault in the third degree is an A misdemeanor punishable by up to a year in jail, and it requires the individual who was assaulted to have sustained some type of injury. Assault in the second degree is a class D felony which involves serious bodily injury or the use of a weapon. Finally, assault in the first degree is a class B violent felony. It is punished by up to 20 years in jail and, frankly, in New York State, it is the second most serious violent crime short of murder.
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