What Is Considered Aggravated Assault Under New York State Law?

Under New York State law, there are three crimes that are labelled 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.

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.

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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