Any assault is a serious crime that carries severe penalties for those who are convicted. These charges are divided into different categories, which are based on various degrees of severity. If you have been charged with aggravated assault, it’s crucial to understand the implications of this offense. Please continue reading to learn how New York distinguishes felony assaults and why connecting with a seasoned Garden City, NY Violent Crime Lawyer is in your best interest.
What is Simple Assault?
Simple assault, also known as third-degree assault, is a Class A misdemeanor in New York. This crime involves intentionally or recklessly causing physical harm to another person. Simple assault can be charged if there is unwanted physical contact or a credible threat of such contact, even if there is no actual injury. It can also be charged if an individual causes bodily harm or causes harm through criminally negligent use of a weapon. Simple assault can result in steep fines, probation, and up to one year in jail.
What Constitutes an Aggravated Assault Charge in New York?
Aggravated assault is the act of intentionally causing serious bodily harm to another person. It’s classified as a violent crime in the state of New York. It’s important to note that the state doesn’t define a specific crime as “aggravated assault,” but rather there are different degrees of the offense:
- Third-degree aggravated assault: This is a Class A misdemeanor, which can be brought if an individual intentionally causes physical harm to another person using a dangerous instrument or weapon, or causing injury while attempting to commit a misdemeanor or if the victim is over the age of 65. The maximum sentence for this charge is one year in jail.
- Second-degree aggravated assault: This is a Class D felony, which can be brought if an individual intentionally causes serious physical injury to someone, or if they recklessly cause serious bodily injury with a dangerous weapon. It can also be charged if an individual injures someone while attempting to commit a felony or if the victim is under the age of 11. The maximum sentence for this crime is seven years of imprisonment.
- First-degree aggravated assault: This is a Class B felony, which can be brought if an individual intentionally causes physical harm to someone with a deadly weapon, or if the victim is a police officer or peace officer. Other circumstances that warrant this charge include if the defendant has a prior conviction for a violent felony, intentionally disfigured a person, or recklessly caused serious physical injury to another with a depraved indifference to human life. As this is the most serious form of aggravated assault, this charge can result in up to 25 years of imprisonment.
An aggravated assault conviction can result in time behind bars and steep fines. If you are charged with a violent crime, please don’t hesitate to contact an attorney from KCS Law, who can help you mount the strongest possible defense.
