Under New York State law, there are three crimes that are labelled as forms of Aggravated Assault. First, there is Aggravated Vehicular Assault (Penal Law 120.04-A) which is charged when it is alleged that a person engaged in reckless driving, committed the crime of Vehicular Assault in the Second Degree, and one of the following:
Second, there is Aggravated Assault Upon a Police Officer or a Peace Officer (Penal Law 120.11) which is charged when it is alleged that someone intended to cause serious physical injury to a person who they knew or reasonably should have known was a police officer or a peace officer engaged in the course of performing their official duties. Finally, there is Aggravated Assault Upon a Person Less than 11 Years Old (Penal Law 120.12) which is charged when it is alleged that a person committed a misdemeanor assault upon a person less than 11 years old and had been previously convicted of such a crime on a person less than 11 years old within the preceding 10 years. Is Aggravated Assault in New York State a Misdemeanor or a Felony Charge?All three forms of Aggravated Assault are felony charges. If A Weapon Is Alleged To Be Involved In An Assault, Does That Constitute A Felony Charge?If a weapon is alleged to be involved in an assault, it will be a felony charge. If a person is accused of causing an injury with a deadly weapon or a dangerous instrument, that will be charged with Assault in the Second Degree (Penal Law 120.05-2), which is a Class D violent felony. If a person is accused of causing a serious physical injury with a deadly weapon or a dangerous instrument will be charged with Assault in the First Degree (Penal Law 120.10-1), which is a Class B violent felony. What Are The Penalties For Felony Or Aggravated Assault Under New York State Law?For an Assault in the Second Degree, the maximum penalty is 7 years in prison. For someone who is not a predicate felon, the minimum sentence is 2 years. For someone with a predicate felony, the minimum sentence is 4 years. For someone with a violent predicate felony, the minimum sentence is 5 years. For Assault in the First Degree, the maximum penalty is 25 years in prison. For someone who is not a predicate felon, the minimum sentence is 5 years. For someone with a predicate felony, the minimum sentence is 8 years, while for someone with a violent predicate felony the minimum sentence is 10 years. What Are Some Possible Defenses To Felony Or Aggravated Assault Charges In New York State?As for any criminal charge, assault charges can be defended by demonstrating that the prosecution cannot prove guilt beyond a reasonable doubt. This can be accomplished by showing that any witnesses who identify the defendant as the perpetrator are either lying or mistaken. An assault can be defended by showing that there was insufficient physical injury to make out the charge. Another way to defend the case is to show that the defendant acted in self-defense or in defense of another. For more information on Assault Charges In New York, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-considered-aggravated-assault-under-new-york-state-law/ What Is Considered Aggravated Assault Under New York State Law?Via https://jbassettlaw.com/what-is-considered-aggravated-assault-under-new-york-state-law/
0 Comments
Leave a Reply. |
ABOUT USJason Bassett Criminal Attorney and his law firm are dedicated to protecting the rights of individuals who have been accused, arrested, and charged with a crime. As a highly-experienced Long Island criminal lawyer, Jason Bassett aggressively defends clients at both the State and Federal levels and zealously advocates for his clients’ rights in and out of court. If you are looking for a DWI lawyer, murder and homicide lawyer, federal crimes defense lawyer or a medical license defense attorney, contact Jason Bassett for a free consultation today. FIND US ONLINE Bitly Box Diigo DropBox Evernote Postach.io Inoreader Instapaper Nimbus OneDrive OneNote Raindrop Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Google Map GMB Yelp Avvo Justia Related Links About.me Behance.net Dribbble.com Taplink.cc Gravatar.com Carrd.co Minds Justpaste Issuu Linktr.ee Solo.to Newsblur Alltop Feedly Feeder Feedspot Feedspot Archives
April 2023
Categories |