What Are the Penalties for Aggravated Assault in New York?




    One impulsive action caused by anger can have long-lasting consequences that significantly impact the course of your life. While physical altercations may appear to be a trivial matter, they can result in assault charges. Assault charges can encompass a broad range of offenses, leading to significant monetary fines, imprisonment, and other harsh penalties. If you have been charged with assault in New York, please don’t hesitate to enlist the help of our experienced Nassau County Criminal Defense Attorneys, who can help protect you from an uncertain future. Please continue reading to learn the potential penalties you may face for aggravated assault in New York.

    What Consitutes Aggravated Assault in New York?

    In New York, assault can come in many different forms. When someone causes severe bodily injuries to another person, it’s considered aggravated assault. The accused must have acted intentionally, recklessly, and with the intent to cause serious bodily injury with an extreme indifference to the value of human life. However, unlike misdemeanor assault crimes like simple assault, aggravated assault involves attempting to cause or purposely cause severe bodily injury to another with a deadly weapon or dangerous instrument.

    What Are the Potential Penalties?

    In New York, aggravated assault is classified as a felony. This is a serious criminal charge that involves causing harm to another person with either a deadly weapon or a dangerous instrument. If the victim suffers a physical injury, you will be charged with second-degree assault, which is a Class D felony. Second-degree assault is punishable by a mandatory two years and up to seven years or five years of probation. In addition, a fine of up to $5,000. If a victim suffers serious physical injury, you will be charged with first-degree assault, which is a Class B felony. First-degree assault is punishable by a minimum term of three years of imprisonment, a maximum of 25 years, and a fine of up to $5,000. The minimum term must be at least one year and cannot exceed 1/3 of the maximum for first-degree assault.

    It’s crucial to note that a “physical injury” occurs when a victim suffers at least some physical injury or pain as a result of the attack. In contrast, according to New York law, a “serious physical injury” creates a substantial risk of death or causes death, long-term disfigurement, ill health, or loss or impairment of an organ.

    At Grunwald & Seman, P.C., we will do our best not to let something done at the spur of the moment negatively impact the rest of your life. Our skilled legal team is prepared to advocate for you today. If you’ve been charged with aggravated assault in New York, contact us to learn how we can guide you through these challenging times.


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