Is Aggravated Assault a Felony? Understanding the Legal Implications in New York

Aggravated assault is a serious charge in criminal law, and it can have severe consequences for anyone convicted. If you’re an immigrant facing this charge, the ramifications could extend beyond criminal penalties, affecting your immigration status. Understanding the question, “Is aggravated assault a felony?” is crucial for protecting your rights and future.

At the Law Office of Yifei He PLLC, we specialize in immigration law and crimmigration law (the intersection of criminal and immigration law). If you or a loved one is facing aggravated assault charges, it’s essential to understand the full scope of the legal consequences. Reach out to us today at 917-338-7678 or visit our Contact Us page.

What Is Aggravated Assault?

Aggravated assault is a more severe form of assault, where a person intentionally causes serious injury or attempts to cause serious injury to another person. In New York, this charge can be broken down into several categories depending on the circumstances, such as the use of weapons, the extent of the injury, or whether the victim is a protected individual like a police officer.

Degrees of Aggravated Assault in New York

• First-Degree Aggravated Assault: This charge involves the use of a weapon to cause serious physical injury to another person. It is typically considered a felony and is punishable by long prison sentences.
• Second-Degree Aggravated Assault: This charge occurs when a person attempts to cause serious injury to someone or causes injury with a deadly weapon or dangerous instrument.

NY Penal Law § 120.00

In both cases, aggravated assault is indeed classified as a felony, meaning it can result in serious penalties, including lengthy prison terms, heavy fines, and a criminal record.

Is Aggravated Assault a Felony in New York?

Yes, aggravated assault is a felony in New York. While basic assault charges may be considered misdemeanors, aggravated assault carries far more severe consequences. Aggravated assault in the first and second degrees is considered a Class C felony and Class D felony, respectively.

The severity of the charge can depend on factors such as:

• Whether the assault was committed with a deadly weapon.
• The extent of the victim’s injuries.
• If the victim is a public servant (e.g., police officer or firefighter).
• If the assault was committed in a manner that shows extreme indifference to human life.

Being convicted of a felony like aggravated assault can have far-reaching consequences, especially for immigrants, as it can affect your immigration status.

How Does Aggravated Assault Affect Your Immigration Status?

For non-citizens, a conviction for aggravated assault can lead to deportation or removal proceedings, even if you hold lawful permanent residency (a Green Card). Immigration law considers not just the offense itself but also the circumstances and intent behind the crime.

Aggravated assault may be classified as a crime of moral turpitude (CMT) if the government determines that the act involved an intent to cause serious bodily harm, the use of a deadly weapon, or conduct showing reckless disregard for human life. Because CMTs reflect behavior that is considered inherently base, vile, or contrary to accepted moral standards, even one conviction can trigger deportability.

If you are an immigrant facing aggravated assault charges, it’s essential to contact an experienced immigration attorney who is well-versed in crimmigration law. At The Law Office of Yifei He, we specialize in defending immigrants against criminal charges and protecting their immigration status. If you are at risk of deportation due to criminal charges, we can guide you through the process and fight for the best possible outcome.

You can learn more about Crimmigration by visiting our Crimmigration page.

Penalties for Aggravated Assault in New York

If convicted of aggravated assault in New York, the penalties are severe:

• First-Degree Aggravated Assault: Up to 25 years in prison.
• Second-Degree Aggravated Assault: Up to 7 years in prison.

Beyond incarceration, those convicted of aggravated assault may face long-term consequences such as:

• Probation
• Fines
• Restitution to the victim

For immigrants, the consequences can extend even further, including potential deportation, difficulty adjusting status, and being barred from re-entry into the U.S.

Defending Against Aggravated Assault Charges

If you’re facing an aggravated assault charge, an experienced attorney can help build a defense. Common defenses include:

• Self-defense: Arguing that you acted in defense of yourself or others.
• Lack of intent: Aggravated assault requires intent to cause serious harm. If you did not have the intent to cause harm, this defense may apply.
• Mistaken identity: If the prosecution cannot prove that you were the person who committed the crime, this may be used as a defense.

Given the severity of the charge, it is critical to have an attorney with expertise in both criminal and immigration law.

Why You Need Legal Representation

If you’re facing aggravated assault charges in New York, don’t wait to get the legal help you need. The Law Office of Yifei He PLLC has a proven track record of successfully defending immigrants in criminal and immigration matters. We understand the complexities of both criminal defense and immigration law and are committed to protecting your rights and your future.

Contact us today at 917-338-7678 for a confidential consultation or visit our Contact Us page. Whether you’re facing a criminal charge or have concerns about your immigration status, we’re here to provide expert guidance.

Take Action Now

If you or a loved one is facing charges of aggravated assault, it’s crucial to have an attorney who understands the intersection of criminal law and immigration law. Call us today at 917-338-7678 or visit our Contact Us page to schedule a consultation.

Your future matters, and the right legal counsel can make all the difference in the outcome of your case. At the Law Office of Yifei He, we are committed to defending your rights and fighting to keep you in the U.S.

Final Thoughts on Aggravated Assault and Immigration

If you’re facing aggravated assault charges in New York, understanding the implications for your criminal record and immigration status is crucial. Felony charges can lead to serious legal consequences, including deportation, which can change your life permanently.

The Law Office of Yifei He PLLC is here to help. Contact us today to ensure that your rights are protected and that you have the best defense possible. Reach us at 917-338-7678

 or contact us here. We’re here to help you navigate this challenging situation and work toward the best possible resolution.

Tags: Crimmigration, Immigration, Immigration Law
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