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What is Considered Aggravated Assault in New York?

Any type of assault is a serious crime in New York, involving the purposeful or reckless injuring of another person. However, when certain factors are present in the situation, the crime may be considered aggravated assault. Aggravated assault is a more serious offense than simple assault and is often met with severe penalties and legal repercussions. If you were arrested for any type of violent offense it is crucial that you understand your legal rights and options during your case. Reach out to an experienced New City violent crimes lawyer to set up a consultation today.

What is Simple Assault?

When attempting to understand the definition and implications of aggravated assault, it can be helpful to first learn about the crime of simple assault, generally referred to as third-degree assault. In New York, a person can be found guilty of assault in the third degree if they intentionally or recklessly cause a physical injury to another person.

What is Considered Aggravated Assault in New York?

New York state law does not define a crime known simply as “aggravated assault.” Instead, there are degrees of the offense. First and second-degree assault would generally be considered aggravated when compared to other state laws.

Second-degree assault is a Class D violent felony and includes the following actions.

  • Causing a serious physical injury to another person
  • Causing a physical injury to another person with a deadly weapon
  • Recklessly causing a physical injury to another person with a weapon
  • Causing a physical injury to another person during another felony crime
  • Causing a physical injury to a person 65 years or older while the individual is at least 10 years younger than the victim
  • Recklessly or intentionally causing physical injury to a person younger than 11 years old while the individual is 18 years or older
  • Causing a physical injury to an MTA employee
  • Giving another person drugs without their consent

Assault in the first degree is a Class B violent felony and includes any of the following actions.

  • Causing a serious physical injury to another person with a deadly weapon
  • Intentionally disfiguring a person
  • Recklessly causing a serious physical injury to another person with a depraved indifference to human life
    Causing a serious injury to another person during another felony crime

While these are examples of severe assault offenses, NY state law does include the crimes of aggravated assault against a police officer and aggravated assault against a person less than 11 years old.

These violent crimes are serious in nature and a conviction can be accompanied by various penalties including lengthy prison sentences, substantial fines, community service, restitution, and more. It is crucial that you obtain skilled legal representation during your case. Reach out to a knowledgeable attorney today.

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