In New York, the term “assault” is used to describe any type of injury caused by an act of violence. Several different charges can be issued for alleged assault, depending on the extent of the victim’s injuries, the nature of the attacker’s intent, and whether a weapon was involved. If you have been accused of assault, it is vital to consult with a New York Aggravated Assault Lawyer immediately to understand the aggravated assault definition.
The most serious assault offenses in New York require that the defendant have a specific intent to cause a certain degree of physical injury. The specific intent element is required for all first and second-degree assault offenses and for a number of other felony assault offenses as well. In addition, there are various ways that a person’s intent can be enhanced or aggravated, increasing the penalty for the crime charged, as outlined in the aggravated assault definition.
Assault in the third degree can be a misdemeanor or a felony, depending on the circumstances of the case. Specifically, it is a crime to knowingly cause an injury that causes a long-term protracted condition that significantly impacts the victim’s quality of life or health. It is also a crime to knowingly cause an injury with a dangerous instrument or deadly weapon. The law further defines dangerous weapons as any object that is likely to injure someone or could be used to injure a person if it was in the control of another person, in accordance with the aggravated assault definition.
If a person is convicted of assault in the second degree, he or she may face up to seven years in prison. However, a conviction for this crime is not the same as a homicide or murder conviction because a person who is convicted of homicide or murder is automatically sentenced to life in prison, which is distinct from the aggravated assault definition.
One of the ways that a case can be elevated to an aggravated assault offense is if a person or his or her animal obstructs certain categories of persons from performing their lawful duties, as outlined in the aggravated assault definition. This includes police officers, peace officers, registered nurses, licensed practical nurses, sanitation enforcement agents, firemen, medical or emergency medical services personnel, and other emergency service providers.
An experienced New York criminal defense attorney will be able to effectively defend clients who are facing this serious felony charge, as defined in the aggravated assault definition. An aggravated assault defense strategy often involves challenging each element of the alleged crime to cast reasonable doubt on the defendant’s guilt. Self-defense is one of the most common aggravated assault defenses. In other cases, pleading down to a lesser assault charge may be an option, considering the aggravated assault definition. Law Offices of Jason Bassett is an experienced New York aggravated assault law firm and can assist clients with all types of alleged assault crimes related to the aggravated assault definition. Contact our offices to schedule a free consultation. We represent people throughout Suffolk County. We are also available for representation in federal courts. We have a convenient office location in Nassau County and are available to meet with you around the clock.
The State of New York, like many other states, divides the crime of assault into different levels based on the facts of each case. While simple assault just involves the defendant causing physical injury to another person, higher levels of this offense, as clarified by the aggravated assault definition, involve more serious injuries and require intent on the part of the defendant. Other factors such as the use of a deadly weapon, the age or mental ability of the victim, and whether or not the victim is a police officer or other type of law enforcement officer, all critical elements in the aggravated assault definition, are used to determine the level of assault charge. The consequences of a conviction for aggravated assault, per the aggravated assault definition, can be very serious and have a lifelong impact on the defendant. An experienced Suffolk County criminal defense attorney, well-versed in the aggravated assault definition, is vital in defending against these life-altering charges.
Aggravated assault definition in New York refers to a higher level of assault that typically involves more serious injuries and specific intent on the part of the defendant. The penalty for aggravated assault in the second degree, as outlined in the aggravated assault definition, can include jail, prison time, probation, and a fine. The length of time you will spend in jail or prison depends on the severity of the victim’s injury and the defendant’s past criminal record. In addition, if convicted of this offense, the court will most likely order you to pay restitution to your victim for any medical bills they incur as a result of their injuries.
A third-degree felony assault conviction in New York will most likely involve you being placed in jail for one year, but a judge can also choose to place you on probation instead of sending you to jail. If you have any prior felony convictions on your record, the judge can increase the amount of time you must spend in jail.
In addition to the possibility of jail or prison, a third-degree felony conviction could affect your employment and housing opportunities. Many employers, banks, and lenders perform background checks on applicants before hiring or renting to them, and a felony conviction on your record can make it extremely difficult for you to find work, apply for a loan, or even rent an apartment.
Assault in the first degree is a class B felony, which means that if you are convicted, the maximum sentence is 25 years in prison. The prosecution must prove beyond a reasonable doubt that you committed the offense with specific intent. This requirement is different from the specific intent required for a murder or manslaughter conviction and is similar to that of the specific intent required for certain second-degree felony assaults. Some examples of specific intent are when the defendant:
– Points or displays a gun at a police officer, even if the gun is fake;
- Injures emergency services workers who come to the scene to respond to an accident or other incident, including paid and volunteer firefighters, police officers, and ambulance service providers;
- Spontaneously inflicts bodily injury on a person while fleeing from the police after committing a felony or after being arrested for a felony; or
- Causes significant bodily injury to a person in their care or custody as a police officer, firefighter, school employee, or health care worker.
Assault charges in New York often escalate to felony levels when they result in significant injury to another individual, aligning with the aggravated assault definition. This definition includes causing considerable risk of death, prolonged health impairment, disfigurement, or the loss of an organ's functionality, and may also encompass injuries requiring extended hospitalization.
Individuals accused of felony assault, particularly those fitting the aggravated assault definition, face the possibility of jail time, with the duration depending on the assault's severity and any aggravating factors involved. The aggravated assault definition specifically plays a crucial role in determining the severity of the charges and potential sentencing.
Simple assault is the most common assault charge in New York, requiring the accused to have attacked or caused harm to another person without a legal basis. However, when the offense meets the aggravated assault definition, it is treated with greater severity compared to simple assault.
New York's legal system defines "assault" as intentionally inflicting harm on someone, which can sometimes overlap with the aggravated assault definition. This can create confusion, as the circumstances under which a person is charged with assault, especially under the aggravated assault definition, can vary.
Charges of third-degree assault, which may not always meet the aggravated assault definition, can lead to a maximum of one year in jail or probation and may include fines. If the charge escalates to a class D or B felony, often fitting the aggravated assault definition, the consequences become more severe.
A conviction for class D or B felony assault, which typically falls under the aggravated assault definition, carries a sentence of state prison time, influenced by the felony's classification and the injury's severity inflicted on the victim.
Assaults involving weapons or dangerous items usually fall under second-degree assault, aligning with the aggravated assault definition. Conviction requires proof that the accused intended to cause significant physical harm and did so recklessly, key elements of the aggravated assault definition.
Defending against third-degree assault charges, particularly those that meet the aggravated assault definition, often involves proving the absence of intent to harm another person. Alternatively, a defense may be based on the argument that the accused believed they were in danger and used force as a protective measure, known as self-defense or justification.
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