In New York, like in most states, assault is a crime and when you’re arrested for it, the penalties are severe. A conviction can alter your life for a long time to come and can impact everything from employment opportunities, housing, your ability to keep or obtain professional licenses, and your gun rights. Specifically, aggravated assault is treated with even greater severity due to its heightened level of violence or the use of weapons, necessitating a robust defense strategy to mitigate the charges.
Assault is a crime that occurs when a person intentionally or recklessly injures another person without legal justification. The penalty for a successful assault charge in New York depends on how serious the injury is. For example, if the victim sustains an injury that results in “substantial” pain and requires medical attention, you could be charged with second degree assault. But if you hit someone over and over with the handle of a firearm, with a kitchen knife or the heel of your boot and inflict serious injury such as broken bones or internal bleeding, you might be charged with first degree assault. This type of case, due to its severity, could easily escalate to an aggravated assault charge, reflecting the serious nature of the injuries inflicted.
A criminal lawyer can help you avoid the serious consequences that a felony assault conviction can have on your life. The prosecutor will need to prove your guilt beyond a reasonable doubt to secure a conviction. The prosecution will be required to present evidence, including witness testimony, police video recordings, and medical reports. In cases where the assault involves elements such as a weapon or results in grave injuries, the term aggravated assault is often used to denote the increased seriousness of the offense.
New York laws define three different levels of assault: third degree, second degree, and first degree. Third degree assault involves an injury that causes substantial pain or disfigurement, but does not include breaking bones or loss of an organ or limb. A third degree assault conviction carries a penalty of up to one year in jail. However, when the assault involves certain aggravating factors, it may qualify as aggravated assault, which carries more severe penalties.
Second degree assault, on the other hand, involves an intentional infliction of a physical injury that creates a substantial risk of death or causes protracted disfigurement. A second degree assault conviction carries a penalty of between two and seven years in prison. The presence of factors like the use of a deadly weapon can elevate a second degree assault to an aggravated assault, leading to harsher sentencing.
The most serious general assault offense is first degree assault, which carries a penalty of up to 25 years in prison. A first degree assault conviction can be elevated to aggravated second degree assault when the defendant knows or reasonably should know that the victim is a police officer or peace officer performing his or her duties, or when the victim is a child under the age of 11. This specific mention of the victim's status exemplifies how New York law distinguishes aggravated assault, underscoring the importance of understanding the nuances of these charges.
In New York State assault charges are divided into different crime categories based on the degree of injury involved. The highest level of assault offense is aggravated assault and it can carry significant consequences if convicted.
If you have been charged with a felony assault or aggravated assault it is imperative that you contact a qualified NY aggravated assault lawyer immediately to build a strong case on your behalf. The prosecution has a high burden of proof when it comes to proving that you committed a felony assault. An experienced aggravated assault attorney will be able to identify all of the weaknesses in the prosecutor’s case and develop an effective strategy for you.
For instance, if you are accused of assault in the first degree or second degree with a dangerous weapon or instrument, the prosecution must prove beyond a reasonable doubt that you specifically intended to cause serious physical injury. In these cases, your attorney will use various aggravated assault defenses to keep the prosecution from meeting their burden of proof.
One of the most common aggravated assault defenses is that you used physical force for self-defense. This is a valid defense in cases where you acted to protect yourself or others from what you reasonably believed was the imminent threat of violence or death.
This type of defense also works in cases where you were protecting property. In these situations, you may have used force to prevent another person from stealing or damaging your personal belongings.
Your NY aggravated assault lawyer may also use the defense of consent to physical contact as a way of attacking the prosecution’s case against you. This could apply to physical fights in certain sports, roughhousing among friends, or even boxing competitions where physical contact is expected and agreed upon.
If you are accused of aggravated assault in the third degree, the defense of mistaken identity may work in your favor. This is where the victim identifies the wrong person as their attacker. In this case, your lawyer will use alibis such as cell phone records to show that you were not at the scene of the assault.
Assault charges can carry heavy penalties that affect all aspects of a person's life. It is therefore important to have a thorough understanding of the different types of assault and the intricacies of New York law. This article outlines the key elements that define aggravated assault, the potential penalties, and how they compare to other felony offenses in New York.
The elements that make up a conviction for aggravated assault require an intentional and serious injury to another individual. This differs from a simple assault charge that only requires the intentional infliction of some kind of physical injury or pain. A serious injury, on the other hand, is one that could result in long-term protracted health problems.
Aggravated assault is a class B felony that can lead to up to 25 years of prison time. This offense is often charged if you assault someone with a deadly weapon or dangerous instrument, or if you assault an officer in the line of duty. It can also be charged if you seriously injure someone over the age of 65 or attack a child less than 11.
How Do These Different Crimes Differ?
The crime of aggravated assault is generally defined by some specific characteristics about the victim or alleged victim. For instance, an assault is considered "aggravated" if it is committed against a police officer, judge, social worker, or child, if the perpetrator carries a weapon like a firearm, or if the injury is severe. In addition, a murder charge is elevated to a felony if it is committed against an officer in the line of duty.
Other common felony charges include gang assault, vehicular assault, and assault in the first degree. Each of these crimes has its own unique set of legal nuances that may make them more difficult to understand.
It is important to note that New York does not have a category of aggravated assault for attacking the elderly. However, an older person may face a homicide charge if they are severely injured by another person in a public place and die as a result of the incident.
It is important to understand the distinctions between these crimes as they have a big impact on your freedom and your future. If you are facing assault charges, it is crucial to contact an experienced criminal defense attorney right away. An experienced lawyer will be able to guide you through the various legal complexities and develop a strategy that protects your rights.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060