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Aggravated Assault

New York City Aggravated Assault Lawyer

Three Types of Aggravated Assault

You could be charged with "aggravated assault" under one of three circumstances: aggravated vehicular assault, aggravated assault upon a police officer and aggravated assault upon a person less than eleven years old. Unlike the lesser charge of assault in the third degree, which is a Class A misdemeanor, these crimes are always charged as felonies—namely due to the fact that they involve particularly serious factors.

Depending on the severity of the crime, however, one could either be charged with a Class E, D or B felony. For this reason, you should not hesitate to get in touch with the New York City aggravated assault attorneys at the Law Offices of Daniel A. Hochheiser if you have been charged with a related crime. We are available 24/7 to discuss your case.

§ 120.04 – Aggravated Vehicular Assault

According to New York State Penal Code § 120.04-a, you could be charged with aggravated vehicular assault if you have engaged in reckless driving and subsequently committed the crime of vehicular assault in the second degree.

This could occur under six different circumstances:

  1. Yyou have driven a motor vehicle with a blood-alcohol concentration of .18% or greater
  2. You have driven with a suspended, cancelled or revoked license
  3. You have been convicted of DWI within the previous 10 years
  4. You have caused serious injury to more than one person
  5. You have previously been convicted of a homicide offense
  6. You have injured a child passenger who is fifteen years old or younger.

This crime is typically prosecuted as a Class C felony.

Aggravated Assault Upon a Police Officer

According to New York State Penal Code § 120.11, you could be charged with aggravated assault upon a police officer or peace officer if you have, with intent to cause serious physical injury, inflicted physical harm with the use of a deadly weapon or dangerous instrument. In order for this crime to rise to the level of a Class B felony, however, it must be proven that you had known, or reasonably should have known, that the intended target was a police officer or peace officer.

If this cannot be established by the prosecution, there is a good chance that your criminal defense lawyer could fight for a reduction of charges. For this reason, you should not hesitate to discuss your case with our firm as soon as you have been arrested for aggravated assault.

Aggravated Assault Upon a Person Under Eleven

According to New York State Penal Code § 120.12, you could be charged with aggravated assault upon a person less than eleven years old if you have, as an individual over the age of eighteen, committed the crime of assault in the third degree upon a person less than eleven years old. In order for this crime to rise to the level of a Class E felony, however, the prosecution must be able to show that you had previously been convicted of an assault against a person less than eleven years old within the preceding three years. For this reason, it is highly recommended that you get in touch with the legal team at the Law Offices of Daniel A. Hochheiser as soon as you have been arrested and charged with a crime. When you contact our office, your consultation is free!

If you would prefer to reach us online, you can also submit a free case evaluation form by clicking here. We accept cases throughout New York City, Yonkers, New Rochelle, and White Plains. Call us today to learn more.

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