What Are the Penalties For Aggravated Assault in NY?

A conviction for aggravated assault can result in lengthy prison sentences and hefty fines. If you are being charged with aggravated assault, figuring out how to defend yourself is a necessity. You should seek out the help of an experienced Queens assault lawyer as soon as possible, even if you are confident about your innocence and believe that the case couldn’t possibly go forward.

What is Considered Aggravated Assault?

An assault charge can be upgraded to an aggravated assault charge in a few ways. Generally, the charge will be more serious when a defendant is accused of:

• Attacking a police officer
• Harming a minor under the age of 11
• Using a deadly weapon
• Causing serious injury to a person

While some types of assault can be classified as misdemeanors, an aggravated assault charge is going to be a felony. It could be a Class E or a Class B charge.

What Are Common Punishments For Aggravated Assault?

Aggravated assault is a felony, so it’s not surprising that penalties for a conviction can be quite harsh. Those convicted of a Class E felony could face 1.5 to four years in prison and be forced to pay a $5,000 fine. Anyone who gets convicted of an assault on a police offer can go to jail for 10 to 30 years.

How Can I Defend Myself From Aggravated Assault Charges?

There are a few ways to defend yourself from aggravated assault charges. You could argue that:

• You were acting in defense of yourself or others
• You were defending property
• The accusation against you is false
• The alleged victim does not have a serious injury
• You did not have any intent to cause serious harm

What kind of defensive strategy will work best can depend on the circumstances of your case. It can be harder to defend yourself from these charges if there is evidence that you were the initial aggressor or that you used excessive force.

When Should I Hire an Attorney?

You should hire a defense attorney as soon as you are charged and brought into a police station. You may be tempted to explain yourself to the police. They may even tell you that they can help you. Exercise your rights and remain silent instead. The cops can twist what you say and use it as evidence against you.

An attorney can communicate on your behalf and prevent you from incriminating yourself. They can also get evidence against you thrown away if it was not obtained in a legal way. And if it looks like the case against you might succeed, a defense attorney might be able to negotiate a lesser sentence with the prosecutor.

Contact Our Law Firm

If you have been charged with aggravated assault, you must take that seriously. Contact Vasiliou Law and schedule a consultation today. We can take a closer look at your case and help you figure out your best course of action.