Being charged with aggravated assault in New York is a life-altering event. Unlike lower-level assault charges, the more serious degrees of assault, which many people call aggravated assault, carry much harsher consequences, including lengthy prison sentences, possible fines, and a lasting criminal record. If you are facing these charges, you need a skilled and aggressive defense strategy to protect your future.
At Michael A. Arbeit, P.C., we provide experienced representation for individuals accused of aggravated assault on Long Island and throughout New York. We understand the stakes in these cases and fight tirelessly to safeguard your rights and freedom.
What Is Aggravated Assault in New York?
These offenses are classified under the Penal Law as Assault in the First Degree, Assault in the Second Degree, or related charges such as Gang Assault or Assault on a Police Officer. Prosecutors take these cases extremely seriously, and convictions often result in felony records.
Common situations that may lead to aggravated assault charges include:
- Intentionally causing serious physical injury to another person
- Using a deadly weapon or dangerous instrument in the commission of an assault
- Assaulting a police officer, firefighter, EMT, or other public servant while performing official duties
- Injuring a child or vulnerable individual through reckless or intentional conduct
- Engaging in a gang assault with two or more participants
Penalties for Aggravated Assault in New York
The penalties for aggravated assault depend on the degree of the charge and the circumstances of the case. In general, aggravated assault is prosecuted as a felony, which can include:
- Assault in the Second Degree (Class D felony, PL §120.05): Up to seven years in prison.
- Assault in the First Degree (Class B felony, PL §120.10): Up to 25 years in prison.
- Gang Assault in the First Degree (Class B felony, PL §120.07): Up to 25 years in prison.
- Gang Assault in the Second Degree (Class C felony, PL §120.06): Up to 15 years in prison.
- Assault on a Police Officer (Class C felony, PL §120.08): Up to 15 years in prison.
Beyond prison time and fines, a conviction can also lead to:
- A permanent criminal record that, in most cases, cannot be sealed under New York law
- Difficulty obtaining employment, housing, or professional licenses
- Restrictions on firearm ownership and other civil liberties
- Damage to personal reputation and relationships
Defenses to Aggravated Assault Charges
Just because you have been charged does not mean you will be convicted. With the right legal defense, it may be possible to have your charges reduced or even dismissed. Potential defenses include:
- Self-Defense: Showing that you acted to protect yourself from imminent harm
- Defense of Others: Proving that your actions were taken to protect another person
- Lack of Intent: Demonstrating that the injury was accidental, not intentional
- False Accusations or Mistaken Identity: Challenging the credibility of the alleged victim or witnesses
- Insufficient Evidence: Exposing weaknesses or inconsistencies in the prosecution’s case
At Michael A. Arbeit, P.C., we carefully examine every piece of evidence, question police procedure, and identify legal flaws in the prosecution’s case to build the strongest defense possible.
Why Choose Michael A. Arbeit, P.C. for Aggravated Assault Defense?
When your freedom is at stake, you need a defense attorney who understands how to navigate New York’s criminal justice system and who has the experience to handle serious felony charges.
Michael A. Arbeit, P.C. offers:
- In-depth knowledge of New York assault laws
- Strategic defense planning tailored to your unique circumstances
- Aggressive negotiation with prosecutors to reduce or dismiss charges
- Proven courtroom advocacy when a trial is necessary
Take Immediate Action to Protect Your Future
Aggravated assault charges in New York demand immediate legal action. Do not risk facing the criminal justice system alone. Michael A. Arbeit, P.C., is here to provide the skilled, aggressive defense you need.
Contact us today for a confidential consultation and begin building your defense with an attorney who will fight for your rights every step of the way.