The use of a deadly weapon in commission of a crime constitutes aggravated assault, whether or not the weapon caused physical injury to another person. Another reason a person might be charged with aggravated assault is the specific identity of the victim, such as assaults on police officers or firefighters. If the person was of a protected class, such as a racial minority or LGBT, among others, then it can constitute a hate crime, which further enhances the assault charges, and can automatically meet the criteria for an aggravated assault.If the perpetrator’s intent was to cause severe harm or they threatened severe injury, the assault charge can be pushed from “simple” to aggravated. Depending on their mental state, reckless behavior can include the reckless indifference to human life. The extent of the victim’s injuries can also cause an assault to become aggravated, such as injuries threatening death or injuries which maimed or disfigured the victim.
Seek Legal Guidance for Your Aggravated Assault Charges
Aggravated assault charges are felonies, meaning the penalties are harsh and have lasting consequences. For the best chance of a good outcome to your case, you should be sure to seek out a knowledgeable attorney who is familiar with assault laws in New York, who can examine the facts of your case to assemble potential defenses to the criminal charges.
Your peace of mind, future, and freedom are on the line if you’ve been charged with aggravated assault. Contact us at O’Brien & Eggleston PLLC to speak with a member of our legal team about your charges, and we can help you assemble a solid defense.
Contact us at 518-391-2369 to speak to a member of our team today.