Being charged with an assault in New York is a serious matter, and a conviction can have a wide range of consequences on your life. However, it’s crucial to understand that aggravated assault is a felony offense. This conviction comes with longer prison sentences, steeper fines, and the loss of certain rights. If you’ve been charged with aggravated assault or another violent crime, it’s crucial to have the representation of a knowledgeable Rockland County Violent Crimes Attorney who can protect your rights and advocate for a positive outcome.
What is Simple Assault?
To gain a comprehensive understanding of aggravated assault, it’s important to first examine the concept of simple assault. Simple assault, which is also referred to as third-degree assault involves intentionally causing serious bodily harm to another person, or creating a reasonable apprehension of harm, without the use of a deadly weapon. It is classified as a misdemeanor and can result in steep fines, up to three years of probation, and up to one year in jail. This definition helps clarify the distinctions between these two types of offenses, as aggravated assault generally involves more severe circumstances.
What Constitutes an Aggravated Assault Charge in New York?
There are numerous assault charges in New York, and each comes with various consequences. New York doesn’t define a crime known simply as “aggravated assault.” Rather, there are degrees of the offense. These offenses are categorized based on the severity of the victim’s injury, the defendant’s intent, and whether a weapon is used to carry out the assault.
Second-degree aggravated assault is a Class D violent felony that occurs when someone intentionally causes serious bodily injury to another person. An individual can be charged with this offense if they cause physical injury to another person with a deadly weapon, recklessly cause another person physical injury, cause physical injury to another person during another felony crime, cause a physical injury to a person 65 years older while the individual is at least 10 years younger than the victim, recklessly or intentionally caused physical injury to a person younger than 11, or gave another person drugs without their consent.
First-degree aggravated assault is a Class B violent felony that involves intentionally causing serious physical injury to another using a deadly weapon. A conviction can result in up to 25 years in prison. An individual can face this charge if they cause serious physical injury to another person with a dangerous weapon, intentionally disfigure a person, recklessly cause serious physical injury to another person with depraved indifference to human life, or cause serious physical injury to another person during the commencement of another felony crime.
If you’ve been charged with aggravated assault or another violent crime, it’s best to have a skilled Rockland County criminal defense attorney by your side who can assess the facts of your case and formulate a robust defense strategy to achieve the best possible outcome. At The Law Office of Carl Spector, we are prepared to advocate for your rights. Connect with our firm today to learn what we can do for you during these tough times.
