At his arraignment the defendant is charged with murder in the second degree and assault with intent to kill. However the state of New York does not have such a charge. In some states assault with intent to kill is charged when a person assaults someone so severely that their injuries from the assault place their life in jeopardy. In New York state an assault that severe is charged as assault in the first degree, a class B felony with a minimum sentence of five years in prison and a maximum sentence of 25 years.