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What are the Penalties for Aggravated Assault in New York?

Understanding the definition and penalties associated with aggravated assault is important when dealing with an arrest and charges. Assault is taken seriously in the state of New York and the penalties reflect the severe nature of the crime. Contact a New City violent crimes lawyer to discuss the details of your case, find out what your defense options are, and acquire legal representation.

Is Aggravated Assault Different Than Simple Assault?

Simple assault is an assault or attempted assault that is not of an aggravated nature. This means it is not as severe and will probably not result in serious injury. Simple assault can include harassment, stalking, and intimidation and typically results in a misdemeanor charge.

In New York, aggravated assault is the most severe form of assault. It refers to the attempt or action of inflicting serious bodily harm to another person, typically with a deadly weapon. Because the outcome of aggravated assault is so much more damaging than simple assault, the penalties for the crime are much harsher. Aggravated assault or any assault with a deadly weapon will always be considered a felony.

A simple assault charge can be increased to an aggravated assault if the assault was committed against a peace officer such as a police officer, firefighter, or EMT, or if the person assaulted a child younger than 11 years old.

Will I Go to Jail for Aggravated Assault in NY?

When being charged with assault, many people will worry about the repercussions of a conviction, and whether or not they will face jail time. The short answer is maybe. Because aggravated assault is a felony offense, jail time is always going to be a possibility. Even when charged with a misdemeanor assault you could serve some jail time. The standard penalties for each degree of assault are as follows.


  • Class A misdemeanor
  • Up to one year of jail time


  • Class D felony
  • Up to 7 years of jail time


  • Class B felony
  • Up to 25 years of jail time

It is important to keep in mind that all of these convictions may also result in hefty fines, court fees, probation, mandatory community service, and mandatory anger management classes. Any degree of felony conviction will also cause you to have a criminal record, affecting your daily life, including your ability to find employment or rent a home.

Do I Need a Lawyer for My Assault Case?

It is highly recommended that you acquire the services of a skilled lawyer when being charged with aggravated assault, or even simple assault. Your attorney will be your biggest advocate throughout your case or trial. They will have the background needed to form the best defense for your particular situation and fight to reduce your charges and punishments.

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