People in Mineola often throw out the word “assault” to describe any manner of different offenses. Some may use it to describe a verbal tirade on directs at another, while some might cite in cases where an actual physical altercation occurred. However it is used, you likely care the most about its context when it is used against you. The circumstances of an alleged assault will often dictate the criminal charges that accompany it. The added description of “aggravated” used in the accusations against you should be cause for concern. Yet we here at The Law Firm of Michael R. Franzese can assure you this descriptor cannot simply be applied to a case randomly.
Victims of supposed assaults may all believe that the actions against them were aggravated, yet such an assertion is typically based off emotion rather than actual fact. Having a firm definition of what qualifies as aggravated assault is important because the potential penalties that you may face from it are typically more severe than those seen in standard assault cases. Fortunately, the law does establish such a definition.
Per the New York Penal Code, your alleged assault is only considered to be aggravated in two scenarios. The first is if you are accused of assaulting a police officer or peace officer (that you know or reasonably should have known to be such) with a deadly weapon or dangerous instrument while he or she is in the course of performing his or her duties. The second is if you supposedly commit a third degree assault against one under the age of 11 after having been convicted of a similar offense in the last 10 years. Both offenses are classified as felonies (Class B and E, respectively).
More information on defining assault charges can be found here on our site.