Assault is generally taken seriously by the courts in every state and a conviction can carry significant penalties. The severity of the penalties can vary depending on how serious the assault was and what type of weapon was involved. Defending yourself against charges of any kind of assault requires an aggressive and determined defense. Understanding what is aggravated assault is crucial, as an experienced lawyer can help build a strong case to get the charges against you reduced or dismissed.
Defining Aggravated Assault Under New York Law
Generally speaking, any kind of physical attack could be considered an assault. However, it becomes more severe when a deadly weapon is involved. What is aggravated assault becomes clear in this context; the law refers to this as aggravated assault and it is one of the most serious kinds of assault that can be charged.
A defendant can be charged with aggravated assault when they have INTENDED to cause injury and succeeded in doing so; intended to disfigure someone permanently or destroy them; RECKLESSLY caused injury; or inflicted serious injury with a dangerous weapon and did so. This is a Class B felony and can carry a prison sentence of up to 25 years. What is aggravated assault can be exemplified by this classification of crimes and their severe consequences.
Other forms of aggravated assault that can be charged in New York include:
Assault in the First Degree
This is the highest level of assault that an individual can be charged with under the law. In order to be charged with this crime, the prosecution needs to prove that the defendant assaulted another person with an intent to kill them or cause death. This is a Felony in the First Degree and is punishable by up to 25 years in jail. In discussing what is aggravated assault, it's important to understand the gravity of this charge.
Assault in the Second Degree
This offense is similar to first degree assault but it only requires that the defendant intended to cause injury and did so. It is also a Felony in the Second Degree and is punishable by up to 20 years in prison. Considering what is aggravated assault, this level highlights the serious legal implications of assault charges.
Assault in the Third Degree
An individual can be charged with this crime if they commit a general assault and cause injury. In order to be charged with this, the prosecution must show that the defendant committed a physical act against another person and that this physical act resulted in serious injury. For example, you thrust your elbow into someone’s face with the intention of smashing their head in. This would be considered a general assault and it may result in a swollen shut eye or a fractured nose.
Assault Upon a Police Officer or Peace Officer Engaged in Official Duties
A defendant can be charged with this offense if they INTENDED to cause serious physical injury to a police officer or peace officer while performing their duties, RECKLESSLY caused such injury; or inflicts a misdemeanor assault upon a police officer or peace officer engaged in official duty and has been convicted of this crime within the past 3 years. This is a Felony of the Third Degree and is punishable by up to 10 years in prison. This scenario also answers the query about what is aggravated assault when considering assaults against officers in official capacities.
Aggravated assault charges are a serious matter that carry significant penalties. In addition to jail time, a conviction can result in fines, fees, restitution and even an order of protection against you. If you have been charged with aggravated assault, it is essential that you retain an experienced New York criminal lawyer right away. What is aggravated assault involves understanding these complexities and your attorney will work to build a strong case in defense of your rights and freedom.
The Law on Assault
New York State defines several clearly defined assault offenses. What is aggravated assault is determined by several factors such as whether or not a weapon was used during your attack, the intention behind your actions, and the severity of the injury. You can also be charged with other crimes such as harassment, menacing, and attempted assault in conjunction with an aggravated assault charge.
A successful assault defense can significantly impact the outcome of your case. There are many different potential defenses that could apply to your situation including self-defense, lack of intent and insufficient injury. To better understand what is aggravated assault, the right Long Island assault lawyer will be able to review the facts of your case and present evidence that could cast reasonable doubt upon each element of the alleged crime.
Intent
When it comes to assault, an attacker must have the specific intent to cause harm. This is true for all charges of assault, and the intent to injure can be proven by any act or behavior that causes injury to someone else. However, in the case of aggravated assault on a person less than eleven, the prosecution must prove that you both intended to cause injury and that the actual victim did in fact suffer an injury.
The intention to injure can also be proven by the presence of a deadly weapon or dangerous instrument, an intent to commit a serious physical injury and the risk of injury to a third party, or a felony second degree assault that occurs when you assault someone who is an official (such as a police officer, peace officer or firefighter), elderly person, or a public servant. In the case of a first-degree felony, an individual may be sentenced to up to 30 years in prison. Understanding what is aggravated assault is crucial in these scenarios where the stakes are exceptionally high.
Assault is considered a violent and harmful act, but sometimes accidents happen that are completely out of the blue. You may have been in the wrong place at the wrong time or you may have had a momentary lapse in judgment as your emotions took over. No matter the circumstances, an aggravated assault conviction in New York can follow you for life and seriously impact your future. What is aggravated assault becomes a key question in such cases, highlighting the need for an aggressive and determined attorney who can provide a robust and thorough defense of your rights and freedom.
The term “assault” can encompass a wide range of events from bar fights to non-deadly stabbings on the street. It can be committed with a weapon or without, and New York law has several sections that cover assault. The specific alleged circumstances surrounding the incident determine which crime – if any – is charged against the accused person. For that reason, even seemingly minor assault accusations must be taken seriously and aggressively defended. Understanding what is aggravated assault is key to navigating these charges.
The basic element of an assault offense is that the accused person caused injury to another person. However, the severity of the injury, the use of deadly weapons, and the mental culpability of the accused determine how serious an assault charge will be. In the state of New York, there are different degrees of assault charges, ranging from misdemeanors to serious felonies, with increased penalties for the more severe crimes. This distinction highlights what is aggravated assault and its implications.
In order for the prosecution to prove that an assault occurred, the accused party must have a specific intent to cause harm. This is a tough burden for the prosecutor to meet. If they cannot prove this beyond a reasonable doubt, then the defendant will be found not guilty of the assault offense. In cases where what is aggravated assault comes into question, the burden of proof is even higher.
If the crime escalates into aggravated assault, then the prosecution must prove that the accused person intended to cause serious physical injury and succeeded in doing so; intentionally disfigured or destroyed the victim; or acted with extreme indifference or recklessness to human life. Aggravated assault is a Class B felony, which can lead to up to 25 years in prison. This description underscores what is aggravated assault in legal terms.
Attempting to commit any of these types of offenses is not only extremely dangerous for the accused, but also potentially fatal to their loved ones, as well. Because of this, the state of New York errs heavily on the side of victims when it comes to assault accusations. Convicted assailants will face harsh consequences that can ruin their lives forever. When evaluating what is aggravated assault, it's essential to consider these severe ramifications.
When it comes to self-defense or Justification for deadly physical force, New York law treats these cases slightly differently from other aggravated assault charges. The accused person must be able to demonstrate that they believed that the use of deadly physical force was necessary in the case and that such belief was actually honest and reasonable. Here, understanding what is aggravated assault is crucial to forming an effective defense.
A seasoned New York criminal defense lawyer will be able to review the evidence in a case and help the client build a strong defense. In some cases, this may include the assistance of an witness. For example, a medical doctor may be able to provide valuable insight on the victim’s injuries and help challenge the prosecution’s assertions about their extent. A skilled attorney will also be able to cross-examine the prosecution’s witnesses and doctors to make the strongest possible arguments in the client’s favor. If you are facing a serious assault charge in New York, it is important to consult with an experienced New York assault lawyer right away. Contact us today to learn more about how we can protect your rights in court.
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