Understanding New York City Aggravated Assault Cases
When someone is accused of aggravated assault, their charges are based on specific characteristics of the alleged victim. Typically, these crimes become aggravated assault when the claimant is a person in law enforcement or is a minor under the age of 11. Because there are specific legal nuances that apply to these types of cases, it can be difficult to understand aggravated assault charges fully without a legal professional. Contact a seasoned defense attorney if you need help understanding New York City aggravated assault cases and are facing these allegations.
What is the Role of Intent in Aggravated Assault Cases?
In aggravated assault cases, the prosecutors must prove that the person intended to cause injury. The aggravation factor usually relates to a specific character trait of the reported victim, which could be that they are a police officer, peace officer, or a minor under 11 years old.
The defendant has to know that the alleged victim has one of these specific character traits for aggravated assault charges to apply. If a person is facing aggravated assault charges because the alleged victim is a police officer, then the prosecutor also must show that the defendant knew that the plaintiff was a part of law enforcement.
How is Serious Bodily Injury Defined?
Serious bodily injury is defined as either some visible serious disfigurement or permanent loss of a bodily function or a significant impairment for an extended period of time. For example, if somebody has an extended hospital stay because they were shot, this is a serious physical injury. If a person loses the ability to use a limb for an extended period of time or suffers brain damage, this also constitutes a serious physical injury.
If a claimant suffers a broken arm, it is typically not considered a serious physical injury because it should heal within a couple of weeks and eventually go back to its original condition.
Penalties for Aggravated Assault in New York City
It is important to understand that the penalties for aggravated assault in New York City depend on who the alleged victim was. Aggravated assault on a police officer is on the same level as assault in the first degree. It is a Class B felony, so an accused individual could potentially face up to 25 years in jail.
Aggravated assault on a minor is a Class E felony, so this person may serve a maximum sentence of four years. In general, there is no hard and fast rule for the potential penalties associated with aggravated assault.
The long-term consequences of these charges can be exacerbated from a normal assault offense because when somebody is looking at an offender’s record, they do not just see that there is an assault, they are going to see an aggravated factor in this crime.
In other words, the consequences could be worse if someone looking a criminal record sees an assault charge in addition to the victim being someone who was on active duty as a police officer. There is a significant social stigma when someone on duty is attacked.
Contact an Attorney for Help Understanding Aggravated Assault Cases in New York City
Fully understanding New York City aggravated assault cases is difficult to do on your own. The attorneys at our office are here to help. If you are facing accusations of violently attacking someone, speak with one of our dedicated lawyers today.