Criminal Defense Lawyers

Can You Be Charged with a Crime for Aggravated Assault in New York?

Can You Be Charged with a Crime for Aggravated Assault in New York?

CONGRATULATIONS! You’ve found your way to the right place to learn about aggravated assault charges in New York. We know dealing with criminal charges can be scary and overwhelming. But don’t worry – we’re here to help guide you through this difficult time.At Spodek Law Group, we’ve seen it all when it comes to assault cases. You may have heard horror stories about harsh sentences or unfair prosecutions. The truth is, aggravated assault charges in New York are serious business. But with the right legal team on your side, you can fight back and protect your rights.Let’s dive into what you need to know about aggravated assault in New York. We’ll cover the laws, potential penalties, common defenses, and how an experienced attorney can make all the difference in your case.

What Exactly is Aggravated Assault in New York?

Aggravated assault isn’t your run-of-the-mill bar fight or schoolyard scuffle. It’s a more serious charge that involves causing severe injury or using a weapon. In New York, there are actually three main types of aggravated assault:

1. Aggravated Vehicular Assault (NY Penal Law 120.04-A)
2. Aggravated Assault on a Police Officer or Peace Officer (NY Penal Law 120.11)
3. Aggravated Assault on a Person Less than 11 Years Old (NY Penal Law 120.12)

Each of these charges has its own specific elements that the prosecution must prove. Let’s break them down:

Aggravated Vehicular Assault

This charge applies when someone causes serious injury to another person while driving recklessly AND one of the following conditions is met:

• Blood alcohol content of 0.18% or higher
• Driving with a suspended/revoked license
• Prior DWI conviction in the last 10 years
• Causing serious injury to multiple people
• Prior vehicular manslaughter conviction
• Child under 15 in the car who is seriously injured

Aggravated Assault on a Police Officer or Peace Officer

This charge involves intentionally causing serious physical injury to a police officer or peace officer who is performing their official duties. The key here is that you knew (or should have known) the victim was a law enforcement officer.

Aggravated Assault on a Person Less than 11 Years Old

This charge applies when an adult (18 or older) assaults a child under 11, causing physical injury, AND has a prior conviction for assaulting a child within the last 3 years.As you can see, these aren’t your typical assault charges. They involve specific circumstances that make the offense more serious in the eyes of the law.

Is Aggravated Assault a Felony in New York?

You bet it is. All three types of aggravated assault we just covered are felony charges in New York. This means they carry much harsher potential penalties than misdemeanor assault charges.Here’s a quick breakdown of the felony classifications:

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Why does this matter? Because felony convictions can have life-altering consequences. We’re talking prison time, hefty fines, and a permanent criminal record that can impact your future employment, housing, and more.

What Are the Penalties for Aggravated Assault in New York?

Now for the part everyone dreads – potential punishments. The exact penalties you face will depend on the specific charge and circumstances of your case. But here’s a general overview:

Aggravated Vehicular Assault (Class C Felony)

• Up to 15 years in prison
• Fines up to $15,000
• Mandatory license revocation

Aggravated Assault on Police/Peace Officer (Class B Felony)

• Up to 25 years in prison
• Fines up to $30,000
• Potential for life on parole after release

Aggravated Assault on Child Under 11 (Class E Felony)

• Up to 4 years in prison
• Fines up to $5,000
• Potential for extended orders of protection

These are just the maximum penalties. The actual sentence you receive will depend on factors like your criminal history, the severity of injuries caused, and the strength of your defense.But here’s the thing – you don’t have to face these charges alone. With an experienced aggravated assault attorney from Spodek Law Group fighting for you, we can work to reduce charges, negotiate plea deals, or even get cases dismissed entirely.

Common Defenses to Aggravated Assault Charges

You might be thinking, “I’m doomed. There’s no way to fight these charges.” But that’s simply not true. There are several potential defenses we can explore, depending on the specifics of your case:

1. Self-Defense: If you reasonably believed you were in danger of imminent harm, you may have been justified in using force to protect yourself.
2. Defense of Others: Similar to self-defense, but you were protecting someone else from harm.
3. Lack of Intent: Aggravated assault requires intent to cause serious injury. If the injury was accidental, it may not meet the legal definition.
4. Mistaken Identity: Especially relevant in cases involving police officers – you may not have known the victim was law enforcement.
5. Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If they can’t, you can’t be convicted.
6. Constitutional Violations: If police violated your rights during the arrest or investigation, evidence may be suppressed.
7. Intoxication: While not a complete defense, extreme intoxication may negate the specific intent required for some charges.

Remember, every case is unique. That’s why it’s crucial to have a skilled attorney review the details of your situation and develop a tailored defense strategy.

Why You Need an Experienced Aggravated Assault Attorney

Let’s be real – facing aggravated assault charges in New York is no joke. The potential consequences are severe, and the legal system can be confusing and intimidating. That’s where we come in.At Spodek Law Group, we’ve been defending clients against serious criminal charges for years. We know the ins and outs of New York assault laws, and we’re not afraid to go toe-to-toe with prosecutors to protect your rights.Here’s why having our team on your side can make all the difference:

• In-Depth Knowledge: We stay up-to-date on the latest changes in New York criminal law and court procedures.
• Proven Track Record: We’ve successfully defended countless clients against aggravated assault charges, often getting cases reduced or dismissed.
• Aggressive Advocacy: We’re not afraid to challenge evidence, file motions, and fight for you in court.
• Personalized Attention: You’re not just a case number to us. We take the time to understand your unique situation and develop a strategy tailored to your needs.
• Negotiation Skills: Sometimes, the best outcome involves plea bargaining. We’re skilled negotiators who can work to minimize the impact on your life.

Don’t leave your future to chance. If you’re facing aggravated assault charges in New York, contact Spodek Law Group today at 212-300-5196. We offer free consultations to discuss your case and explain how we can help.Remember, the sooner you get legal representation, the better your chances of a positive outcome. Don’t wait – reach out now and let us start fighting for you.

Frequently Asked Questions About Aggravated Assault in New York

We know you probably have a lot of questions about your aggravated assault charges. Here are some of the most common ones we hear from clients:

Q: Can I get probation instead of jail time for aggravated assault?

A: It’s possible, but it depends on the specific charge and circumstances. For less serious cases or first-time offenders, we may be able to negotiate a probation-only sentence. However, many aggravated assault charges carry mandatory minimum prison sentences. We’ll work hard to explore all options for minimizing jail time in your case.

Q: Will I lose my job if I’m convicted of aggravated assault?

A: Unfortunately, a felony conviction can have serious consequences for your employment. Many employers conduct background checks, and a violent felony like aggravated assault may disqualify you from certain jobs. That’s why it’s so important to fight these charges aggressively from the start.

Q: Can aggravated assault charges be expunged from my record?

A: In New York, most felony convictions cannot be expunged. However, there may be options for sealing your record after a certain period of time has passed. We can discuss potential post-conviction relief options if you are ultimately convicted.

Q: What if the victim doesn’t want to press charges?

A: In New York, the decision to prosecute lies with the District Attorney’s office, not the victim. While the victim’s cooperation (or lack thereof) can impact the case, charges can still move forward even if the victim doesn’t want to “press charges.”

Q: How long will my case take to resolve?

A: Every case is different, but aggravated assault cases can often take several months to a year or more to resolve. Factors like court backlogs, plea negotiations, and pre-trial motions can all impact the timeline. We’ll work efficiently to resolve your case as quickly as possible while still ensuring the best possible outcome.

The Spodek Law Group Difference

When you’re facing serious criminal charges like aggravated assault, you need more than just a lawyer. You need a partner – someone who will fight tirelessly for your rights and guide you through every step of the legal process.That’s exactly what you’ll get with Spodek Law Group. We’re not your typical stuffy law firm. We’re passionate advocates who truly care about our clients and their futures.Here’s what sets us apart:

• Experience: We’ve handled thousands of criminal cases, including complex aggravated assault charges. There’s no situation we haven’t seen before.
• Resources: As a premier law firm, we have the manpower and resources to thoroughly investigate your case and build the strongest possible defense.
• Reputation: Prosecutors and judges know and respect our firm. This can make a real difference in negotiations and courtroom proceedings.
• Compassion: We understand how stressful criminal charges can be. We’ll treat you with empathy and respect throughout the entire process.
• Results-Driven: Our ultimate goal is to get you the best possible outcome, whether that’s a dismissal, reduced charges, or a favorable plea deal.

Don’t take our word for it – check out our client testimonials and case results to see the Spodek Law Group difference for yourself.

Take Action Now to Protect Your Future

If you’re facing aggravated assault charges in New York, time is of the essence. The sooner you get experienced legal representation, the better your chances of a positive outcome.Don’t wait – contact Spodek Law Group today at 212-300-5196 for a free consultation. We’ll review the details of your case, explain your options, and start developing a powerful defense strategy right away.Remember, you have rights, and you deserve a vigorous defense. Let us put our knowledge, experience, and passion to work for you. Together, we’ll fight to protect your freedom and your future.Call now – we’re standing by to help.