Aggravated assault is a serious crime in New York, and it carries severe penalties for those who are convicted. Aggravated assault is the act of intentionally causing serious physical harm to another person, and it is classified as a violent crime in the state of New York.
Penalties for aggravated assault in New York vary depending on the severity of the crime, the age of the victim, and the defendant’s criminal history. Here’s what you need to know about the penalties for aggravated assault in New York.
First-Degree Aggravated Assault
First-degree aggravated assault is the most serious form of aggravated assault in New York. It is the act of intentionally causing serious physical harm to another person using a deadly weapon. It is also considered first-degree aggravated assault if the victim is a police officer or a peace officer, or if the defendant has a prior conviction for a violent felony.
If convicted of first-degree aggravated assault, a defendant can face a sentence of up to 25 years in prison.
Second-Degree Aggravated Assault
Second-degree aggravated assault is the act of intentionally causing serious physical harm to another person. It is also considered second-degree aggravated assault if the defendant causes injury while attempting to commit a felony or if the victim is a child under the age of 11.
If convicted of second-degree aggravated assault, a defendant can face a sentence of up to 7 years in prison.
Third-Degree Aggravated Assault
Third-degree aggravated assault is the act of intentionally causing physical harm to another person using a dangerous instrument or weapon. It is also considered third-degree aggravated assault if the defendant causes injury while attempting to commit a misdemeanor or if the victim is over the age of 65.
If convicted of third-degree aggravated assault, a defendant can face a sentence of up to 4 years in prison.
Defenses for Aggravated Assault
If you are charged with aggravated assault in New York, there are a few defenses that your attorney may use to try and reduce or dismiss the charges. These include self-defense, defense of others, and defense of property.
In some cases, the defendant may argue that they did not intend to cause serious physical harm to the victim or that the harm was accidental. The prosecution will need to prove beyond a reasonable doubt that the defendant acted with intent to cause harm.
It is also important to note that a conviction for aggravated assault can have long-lasting consequences beyond the immediate penalties. It can result in a criminal record, which can impact employment opportunities, housing options, and even the ability to obtain certain licenses or certifications.
Additionally, victims of aggravated assault may pursue civil action against the defendant, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the assault.
To avoid facing the penalties of aggravated assault, it is essential to exercise caution and restraint in potentially volatile situations. Seeking help or removing oneself from a potentially dangerous situation can help prevent incidents of violence and avoid the consequences of a criminal conviction.
Aggravated assault is a serious crime in New York with significant penalties for those convicted. If facing charges, it is crucial to seek the guidance of an experienced criminal defense attorney who can help navigate the legal system and protect your legal rights. By working with a skilled attorney, defendants may be able to reduce or dismiss charges and avoid the harsh penalties of an aggravated assault conviction.
As a team, we at Arthur L. Pressman, Attorney at Law, understand the severity of aggravated assault charges in New York and the potential penalties that come with a conviction. We are committed to providing personalized legal representation to each of our clients facing these charges.
We can guide our clients through the complex criminal justice system and provide them with expert legal advice on their options for defense. We conduct a thorough investigation of the case to identify any weaknesses in the prosecution’s case or potential defenses.
We are skilled negotiators and can work with prosecutors to seek a reduction of charges or a plea deal that minimizes the potential penalties for our clients. If necessary, we can mount an aggressive defense in court to fight for our clients’ legal rights and protect them from the severe penalties of an aggravated assault conviction.
We understand that facing criminal charges can be a stressful and overwhelming experience, and we provide compassionate support to our clients throughout the legal process. We work closely with them to help them understand their case and make informed decisions about their defense.
Overall, we are dedicated to helping our clients facing penalties for aggravated assault in New York. By working with us, clients can feel confident that they have an experienced and dedicated legal team fighting for their legal rights and protecting their future.
