Many people do not realize that aggravated assault charges are serious crimes that have a wide range of potential consequences for the perpetrator. From losing one’s freedom to being hit with hefty fines, a conviction on an assault charge can impact the defendant’s personal and professional life. To avoid these negative repercussions, an individual facing such charges should work with a Long Island criminal defense lawyer who can provide valuable guidance and support.
The state of New York, like most states, divides assault into different levels based on the severity of the injury or harm caused to the victim. Some of the more serious charges include aggravated assault on a police officer or a person less than eleven years old. The use of a deadly weapon during an assault or the level of injury suffered by the victim can also affect the charges and penalties faced by the accused individual.
Generally speaking, the more serious the injury and the higher the level of assault, the more severe the penalties. In addition to this, the intent of the alleged attacker can also play a significant role in determining if the assault is escalated to a felony charge.
An individual who strikes another person with a deadly weapon or dangerous instrument is considered to have committed assault in the first degree and could face up to seven years in prison. A weapon is defined as any object that has the potential to cause death or serious physical injury and includes such objects as guns, knives, hammers, and even baseball bats.
New York defines serious physical injury as any type of bodily harm that can be potentially fatal to the victim. The extent of the victim’s injuries is generally determined by reviewing medical or EMS records. Moreover, the amount of force used during an attack may also be determined by looking at witness testimony.
When an individual is charged with aggravated assault, it is essential to review all of the possible defenses. An experienced New York aggravated assault attorney can analyze the details of your case and determine the best course of action to take in order to protect your rights.
Defenses include self-defense, defense of others, lack of intent, and more. In order to claim that you acted in self-defense or in the defense of another person, you will need to prove that you reasonably believed that the use of physical force was necessary to protect yourself or others.
Aside from this, you may be able to defend yourself by showing that you did not intend to cause serious physical injury or damage and that the circumstances were such that you were forced into using force. A skilled Suffolk County aggravated assault attorney will be able to understand all of the nuances of your situation and will be able to present a strong case on your behalf. Upon an arrest for assault, it is important that you act immediately to retain the services of an experienced criminal defense attorney.
When someone is charged with assault it can have a life-altering impact on their future. A conviction can affect employment opportunities, housing, maintaining a driver’s license, and even the right to own a firearm. This is why anyone facing an assault charge should speak to a criminal attorney as soon as possible. Assault charges range in severity from misdemeanors to serious felonies. The severity of a particular assault charge depends on factors such as the extent of injuries, the use of weapons, the age of the victim, and whether or not the offense is classified as aggravated assault.
A qualified New York criminal defense lawyer can help individuals understand the nature of their charges and how they can defend themselves against these allegations. In the State of New York, like most states, there are different levels of aggravated assault charges that increase in severity as they rise from third to first degree. In addition to the different degrees of assault, there are also charges for gang activity and menacing.
Generally, the difference between basic assault and aggravated assault is that the defendant must have intent when it comes to causing injury or damage. However, the prosecutor can raise a simple assault to this level based on certain facts including the severity of the injury, the use of a weapon or dangerous instrument, and if the victim is a police officer or other public official.
A convicted person may be sentenced to prison and must pay a fine, fees, and restitution. The restitution will be based on the victim’s out-of-pocket expenses as a result of the assault. An aggravated assault attorney can help the client fight the charges to reduce or dismiss them. The most common defense to this type of assault is that the defendant acted in self-defense or defense of others.
There are also several other factors that can raise an assault to this level such as a serious injury to a vulnerable person, the use of a deadly weapon or dangerous instrument, and the reckless causation of physical injury. The mental state of the perpetrator can also play a role here. Someone who is mentally ill may not have had the same understanding of the consequences of their actions as an individual in sound mental health.
In the State of New York, an individual can be charged with aggravated assault in the second degree when they knowingly or recklessly cause serious physical injury to a person over the age of 65, someone under the age of 11, or a police officer or other law enforcement official who is performing their duties. The penalty for this is a Class D felony punishable by up to 25 years’ incarceration. New York criminal attorneys have many ways of defending against these types of charges and can help clients achieve the best outcome for their case.
New York, like many other states, divides assault charges into different levels based on the circumstances surrounding the incident and the severity of the injury. Assault charges range from misdemeanors to serious felonies, with the penalties varying depending on how seriously the victim was injured and whether or not a weapon was involved. A defendant's prior convictions can also affect the severity of the charge. If you are facing assault charges, a skilled criminal defense lawyer should be contacted as soon as possible to ensure that your rights are protected. An aggravated assault is defined as an intentional act that places the attack on a higher level than a simple or misdemeanor assault.
The term aggravated assault is often used in reference to the use of weapons or the fact that someone was hurt in a certain way, such as an amputation or loss of an organ. However, there are also other factors that can make an assault aggravated such as the type of victim (police officer, judge, social worker, or child), the use of a deadly weapon, such as a firearm, the intent of the defendant, and the severity of the injury.
The lowest level of felony assault is second degree assault. This is a Class B violent felony. This means if convicted of this crime, the Defendant could receive a prison sentence of up to 25 years. It is a felony because the Defendant INTENDED to cause injury or RECKLESSLY caused injury to another person with a dangerous weapon or instrument.
In addition to the general second degree assault laws, New York has specific provisions for injuring a police officer or law enforcement personnel while they are performing their duties. These include injuring a firefighter, transit employee, nurse, paramedic, or a public official or employee, causing injury to a senior citizen, and injuring a child under age 11.
Assault in the third degree is a Class A misdemeanor. This is the least severe form of assault and typically involves a physical fight with another person that results in injury. However, the prosecution can also charge individuals with this offense if they commit criminal negligence that causes another person to be injured with a dangerous weapon or instrument.
In addition to a prison sentence, an aggravated assault conviction in New York can prevent you from voting, passing background checks, and obtaining employment or financial aid in the future. If you have been charged with aggravated assault, it is crucial that you contact an experienced New York criminal defense attorney as soon as possible. A skilled aggravated assault attorney may be able to have the charges reduced or dismissed.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
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