Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
Last Updated on: 11th October 2023, 12:40 am
Aggravated assault is classified as a felony offense in the State of New York. There are many different types of assaults in the state, of all these aggravated assault is considered to be the most serious of them all. The state’s criminal justice system punishes those convicted of this crime with more severe penalties than those convicted on normal assault charges. Aggravated assault convictions attract lengthier prison sentences as compared to other assault charges. Examples of crimes that can be prosecuted as aggravated assault include sexual assault and assault with deadly or lethal weapons.
How Aggravated assault is defined in the State of New York
Different states define various types and forms of crime differently. In New York, an assault can be graded upwards to become an aggravated assault if:
• The victim of the assault is younger than 11 years.
• The victim is either a peace or police officer.
In New York, an aggravated assault to a person younger than 11 years is treated as a Class E felony while an aggravated assault on a peace or police officer is treated as a Class B violent felony. If the victim of an aggravated assault dies, the case is no longer classified as an aggravated assault but murder. A defendant will only be charged with aggravated assault the victim lives through the injuries inflicted meaning that this case will attract a lesser sentence compared to one where the victim succumbs to the inflicted injuries.
Are all assault cases aggravated assaults?
The straight answer to this question is a NO. For an assault case to be considered an aggravated assault, the prosecutor must prove, beyond a reasonable doubt, that the defendant:
i. Intended to cause serious injury to the victim, or
ii. Through his or her reckless actions caused serious injuries to the victim.
For example, a defendant who hits a victim with his car when reversing from a parking spot will not be charged with aggravated assault because it cannot be said that he intended to harm the victim using a deadly weapon (his car). However, if the same defendant is found to have been driving under the influence when this accident occurred, the case can be prosecuted as aggravated assault because it can be argued that the defendant was reckless knowing too well that his action (DUI) can inflict injuries on other road users.
Penalties for the Crime
When a defendant is arraigned in court to face aggravated assault charges, the judge hearing the case considers several factors which include:
• The age of the defendant.
• The severity of injury inflicted on the victim.
• Previous criminal history of the defendant.
If the defendant is found guilty of aggravated assault, sentencing follows. A person accused of Class E felony might not necessarily serve prison time, instead, such a person may be sentenced to probation for a period of time defined by the court. During the period of probation, the probationer’s civil rights will be limited and he or she will be required to abide by the conditions set by the court. Probationers that fail to abide by the conditions of their probation risk being sentenced to serve time instead of the probation. In some cases, the judge might decide to sentence a class E felon to serve up to 4 years in prison.
Aggravated assault on a peace or police officer, which is treated as a Class B felony is more serious and as thus, it attracts severe penalties. The maximum prison sentence is pegged at 25 years. If a fine is imposed, it will not be more than $5,000, except in cases where the defendant was paid to assault the victim in which case the fine will be double the fee that the defendant was paid.
Defense for aggravated assault
As seen above, an aggravated assault is a serious charge that can lead to incarceration and tarnish one’s records forever. The consequences of being convicted of this crime are severe because it goes past one serving time. Convicted felons find it difficult to secure employment, apply for loans or even find housing because of the criminal background checks that potential employers, lenders, and landlords conduct.
If you have been accused of committing aggravated assault, speak our aggravated assault criminal defense lawyer who will give you legal counsel and make sure that you get the best outcome from your case.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.