What Is Considered Aggravated Assault Under New York State Law?

Last updated on October 9, 2023

The term “aggravated assault” is commonly heard in the context of criminal offenses. This phrase carries significant meaning, often associated with intense conflicts and serious injuries. It’s important to understand the exact definition of aggravated assault, especially according to New York State Law. This article aims to offer a clear and thorough comprehension of this serious offense. It will explain the key elements that define it, potential penalties, and the intricacies of its application within the legal framework of New York.

In any criminal case, the role of a defense attorney is pivotal, and this remains true for charges of aggravated assault. A well-informed defense attorney with specific experience in New York assault cases can provide essential guidance within the complex legal system. Top-rated Long Island assault defense attorney Jason Bassett can help interpret the intricate legal language associated with assault charges, evaluate the strengths and weaknesses of the prosecution’s argument, and create a strong defense approach. His skills and experience is highly valuable in navigating the intricate journey from being charged to ultimately resolving the case. Contact the law office of Criminal Attorney Jason Bassett today at (631) 259-6060 to schedule a consultation.

Under New York State law, there are three crimes that are labeled as forms of Aggravated Assault. First, there is Aggravated Vehicular Assault (Penal Law 120.04-A) which is charged when it is alleged that a person engaged in reckless driving, committed the crime of Vehicular Assault in the Second Degree, and one of the following:

  1. Drove with a 0.18 percent blood alcohol content;
  2. Drove with a suspended or revoked license;
  3. Has been convicted of a DWI within the past 10 years;
  4. Caused serious physical injury to more than one person;
  5. Had been convicted of Vehicular Manslaughter; or,
  6. Had a child 15 years old or younger in the car as a passenger and caused serious physical injury to that child.

Second, there is Aggravated Assault Upon a Police Officer or a Peace Officer (Penal Law 120.11) which is charged when it is alleged that someone intended to cause serious physical injury to a person who they knew or reasonably should have known was a police officer or a peace officer engaged in the course of performing their official duties.

Finally, there is Aggravated Assault Upon a Person Less than 11 Years Old (Penal Law 120.12) which is charged when it is alleged that a person committed a misdemeanor assault upon a person less than 11 years old and had been previously convicted of such a crime on a person less than 11 years old within the preceding 10 years.

Type of Aggravated Assault Description
Aggravated Vehicular Assault (Penal Law 120.04-A) Charged when reckless driving resulted in Vehicular Assault in the Second Degree and involved: Blood alcohol content of 0.18 percent, driving with suspended or revoked license, DWI conviction within the past 10 years, causing serious injury to more than one person, conviction of Vehicular Manslaughter, child 15 years or younger in car, causing serious injury to the child.
Aggravated Assault Upon a Police Officer or a Peace Officer (Penal Law 120.11) Charged when intending to cause serious physical injury to a police officer or peace officer engaged in official duties.
Aggravated Assault Upon a Person Less than 11 Years Old (Penal Law 120.12) Charged when committing a misdemeanor assault upon a person less than 11 years old and having a previous conviction for the same within the last 10 years.

Is Aggravated Assault in New York State a Misdemeanor or a Felony Charge?

All three forms of Aggravated Assault are felony charges.

If A Weapon Is Alleged To Be Involved In An Assault, Does That Constitute A Felony Charge?

If a weapon is alleged to be involved in an assault, it will be a felony charge. If a person is accused of causing an injury with a deadly weapon or a dangerous instrument, that will be charged with Assault in the Second Degree (Penal Law 120.05-2), which is a Class D violent felony. If a person is accused of causing a serious physical injury with a deadly weapon or a dangerous instrument will be charged with Assault in the First Degree (Penal Law 120.10-1), which is a Class B violent felony.

What Are The Penalties For Felony Or Aggravated Assault Under New York State Law?

For an Assault in the Second Degree, the maximum penalty is 7 years in prison. For someone who is not a predicate felon, the minimum sentence is 2 years. For someone with a predicate felony, the minimum sentence is 4 years. For someone with a violent predicate felony, the minimum sentence is 5 years. For Assault in the First Degree, the maximum penalty is 25 years in prison. For someone who is not a predicate felon, the minimum sentence is 5 years. For someone with a predicate felony, the minimum sentence is 8 years, while for someone with a violent predicate felony, the minimum sentence is 10 years.

Is Aggravated Assault a Felony?

In the state of New York, aggravated assault is classified as a felony. This is a serious criminal charge that involves an intent to cause serious physical injury to another person, and actually causing such severe injury. In many cases, the use of a deadly weapon or dangerous instrument is involved, adding to the severity of the offense.

The New York Penal Law (NY Penal Law § 120.10) categorizes aggravated assault under varying degrees, from third to first, all of which are felonies. The degree is determined by several factors such as the severity of the injury, the age of the victim, whether a weapon was used, and the intent of the perpetrator.

Convictions for these offenses can result in severe penalties, including lengthy prison sentences, hefty fines, probation, and the permanent stigma of a felony record. The specific penalties will vary based on the degree of the felony and the circumstances of each case.

It’s important to note that any form of assault charge in New York is a serious matter requiring immediate legal attention. If you find yourself facing such charges, it is crucial to seek the counsel of an experienced New York criminal defense attorney to help navigate the complexities of the legal system.

What Are Some Possible Defenses To Felony Or Aggravated Assault Charges In New York State?

As for any criminal charge, assault charges can be defended by demonstrating that the prosecution cannot prove guilt beyond a reasonable doubt. This can be accomplished by showing that any witnesses who identify the defendant as the perpetrator are either lying or mistaken. An assault can be defended by showing that there was insufficient physical injury to make out the charge. Another way to defend the case is to show that the defendant acted in self-defense or in defense of another.

For more information on Assault Charges In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

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