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Assault charges in New York carry serious consequences, especially when the offense rises to the level of “aggravated assault.” While many people use the term to describe any violent altercation, the law has a more specific definition, and knowing the difference could make a significant impact on how your case is handled.
If you’ve been arrested for assault or if you’re under investigation, it’s essential to understand what the charges mean and what you’re up against. Here’s what you need to know about aggravated assault in New York and how an experienced defense attorney can help.
Assault vs. Aggravated Assault: What’s the Difference?
In New York, assault charges are generally divided into three degrees: third-degree (misdemeanor), second-degree, and first-degree (both felonies). The more serious the injury or the circumstances, the more serious the charge.
Aggravated assault is not a separate charge in name under New York Penal Law. Still, it typically refers to first-degree or second-degree assault charges, both of which involve intentional harm and usually include additional aggravating factors like:
- The use of a deadly weapon
Causing serious physical injury - Assaulting specific protected individuals (like police officers, firefighters, or children)
- Assault committed during the commission of another felony
First-Degree Assault: The Most Serious
Assault in the first degree (Penal Law § 120.10) is considered one of the most serious violent felony offenses in the state. To be charged, prosecutors must typically show that the accused:
- Intended to cause serious physical injury to another person, and
- Did so using a deadly weapon or dangerous instrument, or
- Caused permanent disfigurement or long-term impairment
Examples of deadly weapons may include firearms, knives, baseball bats, or any object used with enough force to inflict serious injury.
First-degree assault is a Class B felony, punishable by up to 25 years in prison. Judges have little discretion when it comes to sentencing, especially if the defendant has a prior record.
Second-Degree Assault: Still a Felony
Second-degree assault (Penal Law § 120.05) covers a wide range of conduct and is often charged when:
- The accused causes physical injury with intent
- A weapon or a dangerous object was involved
- The victim is a law enforcement officer, public transit worker, or emergency responder
- The assault occurs during another crime, like robbery or burglary
Second-degree assault is a Class D felony, with a possible sentence of up to 7 years in prison, even for first-time offenders.
Common Scenarios That Lead to Aggravated Assault Charges
Aggravated assault charges can stem from situations that escalate quickly. What might begin as a heated argument can result in life-changing criminal charges.
Some examples include:
- Bar fights or public altercations involving weapons
- Domestic incidents where serious injury occurs
- Injuries caused while resisting arrest
- Assaults involving vulnerable victims such as children or seniors
- Violent encounters during other criminal activity
Even if you didn’t intend to cause serious harm—or didn’t realize the extent of someone’s injuries—you could still face aggravated assault charges under New York law.
Possible Defenses to Aggravated Assault
Every case is unique, but several defense strategies may be available, depending on the specific facts. At Michael A. Arbeit, P.C., we conduct a detailed investigation into each case to determine whether the charges are justified or if they should be reduced or dismissed entirely.
Some possible defenses include:
- Self-defense or defense of another person
- Lack of intent to cause serious injury
- False allegations or mistaken identity
- Insufficient evidence or procedural violations
- Accidental injury with no criminal intent
Our job is to ensure that your rights are protected, the whole story is heard, and that the prosecution is held to its burden of proof.
Charged with Assault? Take Action Now
Assault charges—even at the felony level—are defensible with the right approach. But time matters. The earlier you get legal help, the more options you may have to avoid harsh penalties or a permanent criminal record.
Defense Attorney Michael A. Arbeit has extensive experience representing individuals facing assault charges throughout Nassau County, including Garden City, Freeport, and surrounding areas. Whether you’ve been arrested or are under investigation, he will give you straightforward answers and a strong defense.
Contact us today for a complimentary, confidential consultation. We’ll review your case, explain your options, and help you take the next step with confidence.