Depending on the full circumstances of the event, it may not be.
The key component of an assault charge is the infliction of “physical injury,” so even if you physically hit someone, if there was no pain or injury, it may not rise to the level of assault.
You may be guilty of Second Degree Harassment, which is the intention to annoy, harass, or alarm by kicking, hitting, or striking another person.
Slapping, especially in the context of a larger altercation, may well meet the terms of Second Degree Harassment, which is a violation under New York law and carries a maximum sentence of 15 days in jail. You would not have a criminal record if convicted.
The attorneys at Zelenitz, Shapiro & D’Agostino understand the difference between assault crimes and harassment crimes, and advocate vigorously for our clients, regardless of the charges they face.
If you have been unfairly charged with a crime that carries a much tougher sentence than events warrant, we’ll fight back for you.
Call us today at 718-599-1111 for a free consultation with a Queens criminal defense attorney.