NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 3rd August 2023, 09:15 pm
In New York, aggravated assault is considered a felony offense. There are differed types of assault charges in New York, and aggravated assault is the most serious charge. In additon, the consequences for an aggravated assault charge are are much harsher than an assault charge. In addition, an aggravated assault charge includes a longer prison sentence for those convicted of the crime. According to New York law, aggravated assault can encompass many crimes that include assault with a deadly weapon, sexual assault, and assault. Because aggravated assault includes numerous criminal offenses, the penalties (if convicted) of the crime are severe.
What Determines Aggravated Assault in New York?
New York law states that there are two primary reasons an assault could be enhanced to aggravated assault, which include if the accused assaulted a law enforcement official or peace officer as well as when the accused assaulted an individual is under the age of 11.
When an individual assaults a law enforcement official or a peace officer, he or she will be charged with a Class B violent felony. Those who assaulted an individual under the age of 11 will face a Class E felony charge in New York. When the accused causes significant bodily harm to an individual that results in serious physical impairment, the accused will be charged with aggravated assault.
With aggravated assault cases in New York, a prosecutor must prove beyond a reasonable doubt that the defendant intentionally or recklessly caused the victim to incur serious bodily injures with or without the presence of a deadly weapon. An example may include when the accused gets in a traffic collision with another individual and grabs something from the glovebox, which wouldn’t be a valid reason to charge an individual with aggravated assault. In this circumstance, the deadly weapon is considered to be the defendant’s vehicle. When the accused was driving above the speed limit or under the influence of drugs or alcohol at the time of the accident, he or she may be charged with aggravated assault because of reckless driving.
Another instance may include if the accused was infuriated by the victim’s comments during a traffic altercation, and the accused pursued the victim to further agitate the situation, it may be considered aggravated assault under New York law. A skilled criminal defense attorney can help those charged with aggravated assault understand the different degrees of the charge.
What are the Consequences if Convicted of Aggravated Assault?
If the accused is brought to trail for an aggravated assault offense, the court will take numerous factors into consideration when it comes to sentencing. Those convicted of aggravated assault as a Class E felony may not be required to serve time in prison but instead participate in a probation program. For a Class E felony, an individual could face a prison sentence up to four years.
When the defendant is charged with aggravated assault as a Class B felony, the consequences are more severe. Those convicted of this offense must serve a minimum of five years in prison with a maximum prison sentence up to 25 years. In addition, an aggravated assault as a Class B felony conviction could lead to a fine up to $5,000 under New York law. However, there is one exception to this law. When the accused is solicited by a third individual to commit aggravated assault on another person, the court could require the defendant to pay a fine as much as twice the amount the accused was paid for committing the act.
Aside from the monetary consequences and lengthy prison sentences, those found guilty of aggravated assault have other problems to worry about. If an individual is sent to prison for aggravated assault, he or she may have a problem finding a job and obtaining financial aid or a loan. In addition, there are many neighborhoods that have Home Owners Association rules in place, which may restrict those convicted of a felony offense from living in the neighborhood. Most employers, financial lenders, and residential rental agencies run a criminal background screening on all applicants. In addition, penalties will also be based on the age of the victim, previous criminal history, and the extent of the victim’s physical injuries.
If you are facing aggravated assault charges in New York, an experienced criminal defense layer can help individuals understand the charges and determine the best course of action. The sentencing will depend on how well the prosecutor establishes sufficient evidence, but a criminal defense attorney can develop a solid defense that may increase the likelihood of a successful outcome. Because the consequences of aggravated assault in New York are serious, it is imperative that the accused gets in touch with a New York criminal defense attorney immediately.