Legally, aggravated assault is when one person injures or threatens to injure another without legal justification. Examples include striking or threatening to strike someone else with a dangerous object, assault with the intent to commit another crime such as rape or robbery, and assault that results in serious physical injury.
State Penalties for Aggravated Assault:
In New York, assault can be charged as a misdemeanor or a Class D or B felony, depending on whether a weapon was involved, the severity of the injuries, if the assault occurred during the commission of another crime, and if the victim is specially protected by state law, such as a police officer. A person is guilty of assault in the third degree where they intentionally or recklessly injure another person. This charge normally applies if there are minor injuries. It is a Class A misdemeanor that could result in 1 year in jail, 3 years of probation, and / or a fine of up to $1,000. Assault in the second degree is a Class D violent felony punishable by up to 7 years in prison. This charge is laid if there are serious injuries, a weapon was used, and / or the victim was an official, minor, or elderly person. Assault in the first degree is a Class B violent felony that can send someone to prison for 5-25 years. It is usually charged when a person intentionally inflicts serious physical injuries on another person with a weapon. A defendant can also be convicted of first-degree assault when they seriously injure someone else during the commission of a felony.
When is the best time to act?:
Aggravated assault is a serious charge, and anyone accused of this crime should consult with a criminal defense attorney right away.
Simple Assault, Gang Assault, Attempted Gang Assault, Assault with Intent to Commit Murder, Menacing a Police Officer or Peace Officer, Hazing, Vehicular Assault
Difference between New York State and Federal statutes:
Aggravated assault in a federal territory can result in up to 10 years in prison if the injuries are serious. Assault with intent to commit murder is punishable by 20 years in prison, while assault with intent to commit a felony and assault with a dangerous weapon carries a maximum 10-year sentence. It is a federal offense to attack a federal officer or government employee who is doing their job. Using a dangerous weapon during the assault can lead to a 20-year prison term. Aggravated assault is also a federal crime if it happens during an attempt to rob or steal property belonging to the U.S. government. Assault with intent to take federal property carries a 10-25 year prison sentence.
Self-defense, sufficient provocation, accidental infliction of an injury, failure to prove that the defendant committed the assault, and mental illness is all viable defenses to an aggravated assault charge.
High profile/Government cases:
On October 7, 2013, Hatem Farsakh, 25 and Sherif Rizk, 23, were convicted for assaulting five people and nearly beating one man to death in Greenwich Village. A jury in New York State Supreme Court found Farsakh guilty of Gang Assault in the First Degree as well as Attempted Gang Assault in the First Degree and Assault in the Second Degree. Rizk was convicted of Assault in the Second Degree.