Bronx Aggravated Assault Lawyer
Aggravated assault charges are serious offenses with potentially harsh punishments. In fact, they are among the most severe assault charges you can face under state law. If you are facing these charges, you should seek the advice of a Bronx aggravated assault lawyer.
The potential consequences of a conviction for aggravated assault can impact all aspects of your life. You may experience difficulties finding employment, housing, and more with a felony conviction on your record. Therefore, contacting a skilled assault attorney is crucial.
Offenses in the Bronx
State law provides for two different types of aggravated assault. Under New York Penal Law § 120.11, individuals commit aggravated assault when they intentionally cause serious physical injury to police or peace officers using a dangerous instrument or deadly weapon. To be convicted of this offense, someone must know or reasonably should know that the targets of the alleged assault are police officers or peace officers.
Another variation of aggravated assault is established in New York Penal Law § 120.12. Under this statute, an offense occurs when someone over the age of 18 commits third-degree assault on a child who is less than 11 years old. However, this offense does not result in aggravated assault unless the individual previously was convicted of the same crime within the past ten years. Under New York Penal Law § 120.00, third-degree assault is defined as:
- Intentionally causing physical injury to others
- Recklessly causing bodily injury to others
- Causing physical harm to others by using a dangerous instrument or deadly weapon in a criminally negligent manner
What Qualifies as Serious Physical Injury?
Not every injury will qualify as a serious physical injury. This is an important distinction, as a charge of aggravated assault is only available in cases involving a serious physical injury. There are different factors that can cause an injury to qualify as serious under the law. A physical injury is serious if it creates a substantial risk of death or actually causes death. An injury is also serious if it leads to a protracted disfigurement. An injury that causes protracted health impairment, the loss of a body part, or the impairment of a bodily function will also qualify.
Who Qualifies as Peace Officer in The Bronx?
In an aggravated assault case, the term peace officer extends well beyond a member of the NYPD. Peace officers can also apply to campus public safety officers or similar positions. The designation of peace officer could also apply to constables or county sheriff’s deputies. In an aggravated assault case, a peace officer could also be an investigator for the department of taxation or the office of the state commission of investigation.
What are the Penalties and Consequences for Aggravated Assault?
Aggravated assault of a police or peace officer is a Class B felony offense. This offense also is a violent felony, which can result in harsher punishments, especially if a person has a history of other felony convictions within the last ten years. The potential prison sentence for a Class B felony conviction ranges from five to 25 years and a maximum possible fine of $5,000.
Aggravated assault of a child under the age of 11 is a Class E felony under state law. Although third-degree assault is typically a Class A misdemeanor, the offense increases to a felony offense due to the age of the alleged victim and the prior criminal conviction. A conviction for a Class E felony can result in a maximum four-year prison sentence and a fine of up to $5,000.
However, there is no minimum term of incarceration for a Class E felony conviction. As a result, someone could receive a sentence of probation of up to five years instead of prison time or a combination of prison and probation. Nonetheless, a felony conviction, even without a prison sentence, still can cause significant hardship for a person in the future.
Additional Consequences of a Conviction
Once someone serves their prison sentence, they likely will be subject to a term of post-release supervision. This supervision can last for up to five years. During that time, they must follow various rules and conditions or risk having to serve more time in jail or prison.
In addition to fines, a person may have to pay restitution to the alleged victims. For instance, if someone incurred medical expenses in treating their injuries, the convicted individual may have to pay for those expenses.
Another part of a sentence for an assault conviction may include implementation of a protective order that prevents individuals from having any contact with the alleged victims of the assault. Violating a protective order can result in separate criminal charges and penalties. An aggravated assault attorney in the Bronx could best explain the full range of potential penalties for an assault conviction.
Contact a Bronx Aggravated Assault Attorney
A felony conviction for a violent criminal offense may impact your life well into the future. You may become ineligible for some jobs and professional licenses, and lose some of your civil rights as well. A Bronx aggravated assault lawyer could fight these charges to give you the best chance of a better outcome. Call today to discuss your case.