Understanding Assault Charges in New York

A charge of assault under New York Penal Law Article 120 is serious—and often confusing. Assault allegations arise when someone is accused of intentionally, recklessly, or negligently causing injury to another person. The severity of the charge depends on the type of injury, whether a weapon was involved, the alleged intent, and if the alleged victim is a protected person such as a police officer, EMT, or teacher.

While some assault charges are misdemeanors, many are violent felonies that carry mandatory prison time and long-term consequences. The penalties are harsh, and the impact on your future can feel overwhelming. With the right defense team, however, you can move forward with confidence.

At McCabe, Coleman, Ventosa & Patterson, we have defended thousands of clients across Dutchess, Ulster, Orange, Columbia, Greene, and Putnam counties against misdemeanor and felony assault charges. As former public defenders, we know how to challenge the evidence, protect your rights, and fight for the best possible outcome in your case.

Misdemeanor vs. Felony Assault Penalties in New York

Penalty Assault in the Third Degree (Class A Misdemeanor) Assault in the Second Degree (Class D Violent Felony) Assault in the First Degree (Class B Violent Felony)
Jail/Prison Up to 1 year in county jail 2–7 years in state prison (mandatory) 5–25 years in state prison (mandatory)
Probation Up to 3 years Not available (except with split sentence) Not available
Orders of Protection Commonly imposed Mandatory in most cases Mandatory in most cases
Permanent Criminal Record Yes Yes Yes
Collateral Consequences Employment & housing restrictions Long-term felony record, loss of civil rights Severe lifelong consequences, loss of civil rights
Other Possible Outcomes Fines, community service, conditional discharge Split sentence (up to 6 months jail + 5 years probation) Post-release supervision required

Additional Potential Consequences

For any assault conviction in New York, you may also face:

  • A permanent criminal record impacting jobs, housing, and education
  • Orders of protection limiting contact with alleged victims—even family members
  • Loss of professional licenses and barriers to certain careers
  • Enhanced penalties for repeat offenders or if the alleged victim is a protected person

Even misdemeanor assault can have lasting effects, while felony assault charges almost always result in prison time. Having the right defense team can make the difference between jail and a reduced or dismissed charge.

Common Questions About Assault Charges

Jail or prison is possible, especially for felony assault charges. However, for misdemeanor assault or first-time offenders, jail is not always required. With strong legal representation, many clients avoid incarceration through reduced charges, probation, or alternative resolutions.

Felony assault convictions carry severe consequences, including loss of certain civil rights, long-term supervision, and a permanent criminal record. Even misdemeanors can lead to probation, orders of protection, and restrictions that affect daily life.

Yes. Criminal charges are a matter of public record. Employers, landlords, and licensing boards may access this information. A skilled defense attorney can sometimes resolve cases in ways that minimize long-term public impact.

Assault cases can last anywhere from a few months to over a year, depending on the seriousness of the charge, the evidence, and whether the case goes to trial. Delays are common when medical records, expert testimony, or multiple witnesses are involved.

Do not speak to police or investigators without your attorney present. Save any evidence (texts, photos, witness contacts), follow any court orders, and contact a criminal defense lawyer immediately. Early action can make a major difference in the outcome of your case.

Why Choose Us for Your Assault Defense?

Extensive Assault Defense Experience

We’ve successfully defended thousands of clients against both misdemeanor and felony assault charges throughout the Hudson Valley.

Former Public Defenders

All of our attorneys are former public defenders with significant courtroom and trial experience, giving us an edge in challenging the prosecution’s case.

Local Knowledge

We know the local courts, judges, and prosecutors in Dutchess, Ulster, Orange, Columbia, Greene, and Putnam counties—and how to navigate their processes effectively.

Proven Results

Our team has secured dismissals, reductions, and favorable plea agreements, often helping clients avoid jail and long-term consequences.

Discreet Representation

We’ve represented professionals, parents, students, and first-time offenders with discretion, compassion, and a focus on protecting reputations and futures.

Reviews for Assault

Melinda Sefcik

from Google Reviews

I recently had the pleasure of working with McCabe, Coleman, Ventosa & Patterson PLLC. I am profoundly grateful that our paths crossed. They provided excellent support and guidance during an emotional time for me and my family. John and the firm’s commitment to excellence and relentless pursuit of justice made such a meaningful impact on my case. I truly appreciated the advocacy, dedication, and professionalism shown throughout the entire process. The administrative staff was equally impressive, handling everything efficiently and with a warm, respectful demeanor. From start to finish, the entire team made me feel valued. If you’re looking for a firm that combines professionalism with outstanding results, this is the one to choose!

Michael Coffey

from Google Reviews

Steven Patterson Esq. went above and beyond for me, treating me like a client/friend every step of the way through my FREE consultation. He provided me with essential legal advice and expecting nothing in return—I can only imagine how dedicated/enthusiastic he would be if I was a paying client. He is a brilliant attorney and I know I would have been in good hands if I needed legal representation. McCabe, Coleman, Ventosa & Patterson PLLC has a proven track record of success and I highly recommend their firm to anyone in need of legal services!!! 🌟🌟🌟🌟🌟

Exceptional service and expertise throughout every interaction! Highly recommend John and his team.

From start to finish, John and his team were an absolute pleasure to work with. John took the time to thoroughly get to know my wife and I and our needs. He was extremely prompt in answering all of our questions, and even answered questions we didn’t know we had. We never had to ask for follow up, because John always beat us to it. His knowledge of business law helped us to skillfully navigate a difficult situation. We are happy to say we will be using John and his team as both our family and business attorney for all of our future needs.

I have worked with both John Ventosa and Chris Coleman on both simple and complex legal matters. John, Chris and the entire staff have been thorough and professional every step of the way. I recommend this firm to anyone seeking sound and honest legal representation.

John ventosa was very patient and helpful for what I needed. Will definitely use their services again.

I don’t know where to start. Mr.Ventosa is a person who saved my life as a young adult and gave me a second chance in life. Watching him for 2 years take on my case and fight for me like he was my own family showed me his passion and character as a man. Case after case he showed up and was consistent with the 2 cases I caught as a young adult and he told me to not give up things will be better in the end. His words were so encouraging I became accountable as a man to do better and understand the choices I made were immature. He is the reason why I am back focused on the journey I began with during college and his tough characteristics gave me a sign to be mature in a time where I am entering my adulthood. Words can’t express how I feel about him and if you do come across a situation and you need a second chance in life please contact him I promise you he WILL
NOT LET YOU DOWN. THANK YOU MR.VENTOSA YOU ARE TRULY APPRECIATED FOR YOUR HARD WORK AND CONSISTENCY !!

Christopher Coleman is an honorable figure and exceptional attorney. In a world filled with greedy and unethical people, and just down right bad actors – Mr. Coleman is a light at the end of a tunnel and a fighter. He will tell you upfront what to expect and how he sees your situation turning out. He won’t waste your time or your money, or have you going down a rabbit hole, like other attorneys build their practices around. He’s the attorney you want defending you and negotiating for you. But he’s also the same attorney that you should use in bettering yourself and avoiding future problems in business and life. If you need an attorney, you can breathe a little better at night knowing you’re in good hands.

John Ventosa Is such an incredible lawyer. He is the most compassionate, kind and understanding Lawyer I have met. He is the best at what he does and takes such good care of his clients. John and his whole team is very helpful in walking your through every process and takes the time to answer all of your questions and concerns. If you are in the need of a fantastic lawyer look no further than John Ventosa.

John Ventosa is absolutely amazing to work with. He helped my husband and I through a very difficult time on a Saturday of all days!! He was patient, detailed, transparent and communicated updates every step of the way. We truly appreciate him and highly recommend him!!!

Let's Put This Behind You

An assault charge in New York can feel like a devastating setback—but it doesn’t have to define your future. At McCabe, Coleman, Ventosa & Patterson, we understand what’s at stake, and we know how to fight for your rights, your record, and your reputation.

Experienced Representation

With over 200 years of combined experience, our attorneys ensure you have strong, informed advocates on your side.

Personalized Guidance

We take the time to understand your unique situation, offering clear advice and dedicated support throughout the process.

Local & Accessible

With deep roots in the community, we are committed to providing trusted legal representation right where you live and work.
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