Long Island assault defense attorney Jason Bassett releases a new article (https://jbassettlaw.com/what-is-considered-aggravated-assault-under-new-york-state-law/) explaining what constitutes aggravated assault under New York State law. The lawyer mentions three crimes that fall under the terminology aggravated assault in New York: Aggravated Vehicular Assault, Aggravated Assault Upon a Police or Peace Officer, and Aggravated Assault Upon a Person Less than 11 Years Old.
According to the Long Island assault defense attorney, Aggravated Vehicular Assault is a charge imposed on someone who allegedly engaged in reckless driving, committing the crime of 2nd Degree Vehicular Assault. In addition to the mentioned offenses, the person must also have committed an offense under Penal Law 120.04-A. Some offenses under the section include also driving with a 0.18 blood alcohol content, having been convicted of a DWI within the past ten years, and having been convicted of vehicular manslaughter, among others.
The second kind of Aggravated Assault Upon a Police or Peace Officer. Attorney Bassett explains that “Aggravated Assault Upon a Police Officer or a Peace Officer (Penal Law 120.11) is charged when it is alleged that someone intended to cause serious physical injury to a person who they knew or reasonably should have known was a police officer or a peace officer engaged in the course of performing their official duties.”
Last but not least, the Long Island defense attorney discusses Aggravated Assault Upon a Person Less than 11 Years Old. This kind of aggravated assault charge is imposed on a person who committed a misdemeanor assault upon a person 11 years old or younger. The assault charge increases to aggravated assault if the person has been convicted of the same crime against a person less than 11 years old in the preceding 10 years.
Attorney Jason Bassett clarifies that all three charges are felony charges. If a person is alleged to have caused injury using a deadly weapon or a dangerous instrument, the charge will be increased to Assault in the Second Degree, a class D violent felony. If the injuries caused are severe, the charges will be raised to Assault in the First Degree, a class B violent felony.
“For an Assault in the Second Degree, the maximum penalty is 7 years in prison. For someone who is not a predicate felon, the minimum sentence is 2 years. For someone with a predicate felony, the minimum sentence is 4 years. For someone with a violent predicate felony, the minimum sentence is 5 years. For Assault in the First Degree, the maximum penalty is 25 years in prison. For someone who is not a predicate felon, the minimum sentence is 5 years. For someone with a predicate felony, the minimum sentence is 8 years, while for someone with a violent predicate felony the minimum sentence is 10 years,” the Long Island assault defense attorney further discussed.
Lastly, attorney Bassett clarifies that assault charges can be defended by showing that the prosecution cannot prove guilt beyond a reasonable doubt. An experienced criminal defense attorney is necessary for building a solid legal defense.
About Jason Bassett Criminal Attorney
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Jason Bassett, Esq. has dedicated his practice to defending the rights of those who are accused of a crime of professional misconduct. He puts his unique perspective as a former prosecutor to work and provides the best legal assistance he can give to his clients. Mr. Bassett brings a unique combination of skill, experience, and zealous advocacy to provide his clients with the best possible outcomes. Contact him today to schedule a consultation.
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The Law Offices of Jason Bassett | Criminal Defense Attorney
Jason Bassett
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The Law Offices of Jason Bassett | Criminal Defense Attorney
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Central Islip, NY 11722
