What Is Considered Aggravated Assault Under New York State Law? - Jason Bassett

From Law Offices of Jason Bassett, P.C. – What Is Considered Aggravated Assault Under New York State Law? explores how the laws in New York classify and penalize aggravated assault under various scenarios. The article breaks down key statutes of the New York Penal Law Article 120, including provisions such as § 120.11 (aggravated assault upon a police or peace officer) and § 120.12 (aggravated assault upon a person less than eleven years old).

The podcast dives into how the article defines the three primary types of aggravated assault: aggravated vehicular assault under § 120.04-A, which occurs when someone drives recklessly—possibly with a blood alcohol content of .18 or higher—causing serious injury or while holding a suspended license; aggravated assault on a police or peace officer under § 120.11; and aggravated assault on a person under 11 years old under § 120.12. The episode outlines how these offenses differ from ordinary assault charges and why they are considered more serious under the law.

We then explore the penalties and legal consequences tied to these charges. All three forms of aggravated assault are classified as felonies. If a weapon or dangerous instrument is involved, charges may escalate to assault in the first degree under § 120.10 or second degree under § 120.05-2, depending on the injury and intent. Listeners will learn that assault in the first degree can carry a maximum prison sentence of 25 years, with a minimum of five years even for those without a prior felony conviction. These distinctions underscore the severity of such charges in the eyes of the court.

To close, the episode discusses the potential defenses available to those accused of aggravated assault in New York. These may include lack of proof beyond a reasonable doubt, mistaken identity, insufficient injury, or acting in self-defense or defense of another. The article emphasizes the importance of securing proper legal representation when facing such serious allegations. This episode offers a clear, informative breakdown of how aggravated assault is prosecuted and defended under New York State law.

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