Aggravated Assault in New York: How Weapon Use Can Enhance Penalties

In New York, assault charges are serious on their own, but when a weapon is involved, they can quickly escalate to aggravated assault, carrying significantly harsher penalties. Understanding how the law defines aggravated assault and how the presence or use of a weapon influences the charges is essential for anyone facing allegations of violent crime in the state.

Here, our Albany criminal defense attorneys at O’Brien & Eggleston explain.

What Is Aggravated Assault in New York?

While New York law doesn’t use the exact term “aggravated assault” as other states do, it does enhance assault charges based on several aggravating factors.

Including:

• Use of a deadly weapon or dangerous instrument.
• Injury to specific protected individuals, such as police officers, transit workers, or emergency responders.
• Intent to cause serious physical injury

These enhancements can result in felony charges, even if the original act was considered a misdemeanor.

How Does Weapon Use Affect Assault Charges?

Weapon use can significantly impact how prosecutors charge an assault in New York.

For instance:

• Assault in the Second Degree (Penal Law § 120.05) may be charged if a person intentionally causes physical injury using a deadly weapon or dangerous instrument. This is a Class D felony, punishable by up to 7 years in prison.
• Assault in the First Degree (Penal Law § 120.10) involves intent to cause serious physical injury with a weapon or recklessly causing serious injury with a depraved indifference to human life. This is a Class B felony, punishable by up to 25 years in prison.

The term “deadly weapon” includes firearms, knives, and metal knuckles, while a “dangerous instrument” could be almost any object capable of causing serious injury when used with intent.

Common Scenarios That Lead to Enhanced Charges in New York

You don’t have to fire a gun or stab someone to face an aggravated assault charge. Displaying a weapon during an altercation—or using an everyday object like a bottle or belt in a threatening or harmful way—can elevate the offense.

Common examples include:

• Hitting someone with a blunt object like a bat or pipe.
• Threatening someone with a knife during a heated argument.
• Using a car to intimidate or harm another person.
• Injuring someone while resisting arrest or during a domestic dispute.

Why Legal Representation Matters

If you’re facing aggravated assault charges in New York, the stakes are high. Prosecutors are often aggressive in pursuing these cases, especially when weapons are involved. A skilled criminal defense attorney can investigate the facts, challenge the prosecution’s evidence, and advocate for lesser charges or alternative sentencing options where appropriate.

At O’Brien & Eggleston, our Albany County defense attorneys understand how to handle high-stakes assault cases. We look beyond the charges to examine the context, history, and rights, ensuring you have a strong defense at every stage.

Facing Aggravated Assault Charges? Call Us Today.

Don’t navigate a felony assault charge alone. If you’ve been accused of using a weapon in an altercation, contact O’Brien & Eggleston PLLC at 518-391-2369 or online today. We’ll evaluate your case, explain your options, and fight for the best possible outcome.

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