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NYC Aggravated Assault Lawyers

Aggravated Assault: Understanding the Law in New York

Aggravated assault is a felony offense in New York. There are various degrees of assault in the state, and aggravated assault is the most serious version. The punishment for aggravated assault is more severe than it is for an assault charge, and it comes with a lengthier prison sentence for anyone charged with the crime. It encompasses assault, sexual assault, and assault with a deadly weapon simultaneously, which is why the penalty for committing this crime is so severe.

Defining Aggravated Assault in New York

There are two reasons assault turns to aggravated assault in New York:

  • The victim is a police or peace officer
  • The victim is younger than 11

Aggravated assault to a police or peace officer is considered a Class B Violent Felony, and aggravated assault on a person younger than 11 is a Class E Felony in New York. Aggravated assault that results in the death of the person assaulted is no longer considered assault. It’s considered murder. A defendant will be charged with aggravated assault if their victim lives through their serious bodily injuries, which means a lesser prison term is issued to the defendant.

The prosecutor in this type of case is required to prove the defendant knowingly intended to cause serious injury or recklessly caused serious injury to the victim with or without a weapon. For example, a defendant who hits the victim with his car when he turned around to grab something from the back seat isn’t necessarily going to be charged with aggravated assault with a deadly weapon. The deadly weapon in this case is the defendant’s vehicle. If the same defendant was driving well above the law or was under the influence when the same accident occurred, it could be argued he recklessly caused this injury to another person knowing his actions were illegal.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

If the defendant was angry with the victim for saying something offensive to him and he chooses to run him down with this vehicle to teach him a lesson, he knowingly and intentionally committed aggravated assault. Understanding the various degrees to which aggravated assault can be tried is imperative to all accused parties.

Aggravated Assault Sentences

When a defendant is brought to trial on aggravated assault charges, the judge in the case takes several factors into consideration. The sentence terms for a person accused of aggravated assault as a Class E Felony might not do any prison time, but could be sentenced to probation instead. The maximum prison sentence for a Class E Felony is 4 years in prison.

Aggravated assault as a Class B Felony is considered more serious. The minimum sentence is 5 years in prison, and the maximum sentence is 25 years. If a fine is imposed, it will be no more than $5,000 according to New York law. The only exception to this law occurs if the defendant was offered compensation by a third party to commit aggravated assault. A judge might then impose a fine of as much as double what the defendant was paid. The fine is the greater amount.

In addition to the monetary punishment and prison terms, defendants found guilty of aggravated assault have other consequences to face. Once a prison term is completed and a defendant is free, they might find it difficult to find employment, to apply for a loan, or to find housing. Many employers, lenders, and landlords perform criminal background checks on anyone who submits an application. A felony on their criminal record is often all it takes for the application to result in denial.

The judge’s decision is based on factors that include the age and previous criminal history of the defendant, the seriousness of the injury caused to the victim, and several other circumstances. Not every defendant is issued the same punishment for the same crime.

An experienced, knowledgeable criminal defense attorney can help defendants navigate their charges, learn their rights, and prove their case. Sentencing depends on the ability of the prosecutor to prove the aggravated assault charges are valid, and a criminal defense attorney can help the accused fight their case and disprove the prosecutor on the case. Experience is helpful in cases such as this.

Assault With a Deadly Weapon Lawyers

Assault is defined as a physical attack. Assault escalates quickly when use of a deadly weapon accompanies a physical attack. The law refers to this as assault with a deadly weapon. A deadly weapon is defined as any tangible item with the ability to cause a person serious bodily harm, injury, or death. When used during assault, a deadly weapon can become anything from a gun to a hammer to a car. Unlike other laws which differ slightly from state to state, assault with a deadly weapon is a felony crime in every state.

Classifying a Deadly Weapon

As previously mentioned, any object used during assault that could inflict serious injury or death to a person becomes a deadly weapon. Common weapons such as guns and knives of all forms are always considered deadly weapons. This classification expands the definition of a knife or gun to a deadly weapon per se. When classified in this manner, prosecuting attorneys are exempt from providing evidence that the weapon could, in fact, be used in a deadly fashion.

A good example of assault with a deadly weapon per se is as follows. A victim is physically attacked by the defendant with a pencil. The defendant uses the pencil to stab the victim. While most people never consider a pencil more than a means with which to write, prosecutors now need to prove the pencil has the ability to cause death or serious injury to the victim. If the same victim was assaulted with a knife, the case is assault with a deadly weapon per se. No proof that the knife is capable of causing serious injury or death is needed.

Anything can be used as a deadly weapon if it’s used during assault to cause injury. A shoe can become a deadly weapon when used to hit a victim repeatedly. The defendant can cause harm to another person with virtually any object, but all assault with a deadly weapons cases are different.

According to both state and national laws, even the body can be used as a deadly weapon in an assault case. The most common body parts classified as deadly weapons in assault cases are knees, arms, and feet. Even teeth can be considered a deadly weapon, particularly if the person attacking another knows he or she is HIV+ and capable of spreading their incurable disease to another person in this manner.

Assault With a Deadly Weapon Lawyers

Felony Charges for Assault with a Deadly Weapon

This is a felony charge. In a court of law, felony is defined as a typically violent crime “regarded as more serious than a misdemeanor,” which means the charges are more serious. Anyone accused of assault with a deadly weapon faces prison. These cases see trial, and a judge provides the appropriate punishment for the crime if a defendant is found guilty of assault with a deadly weapon.

The most common punishment is prison. However, the severity of the sentence depends on numerous factors:

  • Seriousness of the injury
  • Seriousness of the attack
  • The defendant’s prior record
  • Age of the defendant

New York law further divides this charge into additional categories. First-degree assault is a Class B felony, which carries a potential sentence of up to 25 years in prison. Second-degree assault is a Class D felony, which carries a potential sentence of up to 7 years in prison. Class B felonies and Class D felonies both require certain levels of assault. Both Class B and D felonies must include a victim with an injury, and both must be caused by either reckless behavior or intentional behavior. As evidenced by the severity of the prison sentences possible with each class, Class B felony assault requires a victim with serious injuries.

A felony assault with a deadly weapon charge in New York could cost an accused party as much as 25 years in prison. It’s a serious charge, and it’s one in which you require a knowledgeable, experienced attorney. Your sentence is issued based on several factors, including the strength of your defense. Without an experienced attorney by your side during a felony assault with a deadly weapon trial, your chance of going to prison increases significantly.

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