Aggravated Assault Attorney in Westchester County

Aggravated Assault Under New York Penal Law

New York doesn’t use the term “aggravated assault” as a single statute. What most people call aggravated assault falls under two distinct felony provisions: New York Penal Law section 120.10 (Assault in the First Degree) and New York Penal Law section 120.11 (Aggravated Assault upon a Police Officer or Peace Officer). Both are Class B violent felony offenses.

Assault in the First Degree (NY PL 120.10)

Section 120.10 applies in several situations: when a person intends to cause serious physical injury and causes that injury using a deadly weapon or dangerous instrument; when a person intends to seriously and permanently disfigure another, or to destroy, amputate, or permanently disable a member or organ of their body, and causes such injury; when, under circumstances evincing a depraved indifference to human life, a person recklessly engages in conduct creating a grave risk of death and causes serious physical injury; or when serious physical injury results during the commission of, or flight from, a felony.

Aggravated Assault upon a Police Officer (NY PL 120.11)

Section 120.11 applies when a person, with intent to cause serious physical injury to a police officer or peace officer engaged in the performance of official duties, causes that injury using a deadly weapon or dangerous instrument.

How These Charges Differ From General Assault

Assault in the Third Degree under NY PL 120.00 is a Class A misdemeanor. Assault in the Second Degree under NY PL 120.05 is a Class D felony. The jump to sections 120.10 and 120.11 turns on the severity of injury, the presence of a deadly weapon or dangerous instrument, whether the victim is a law enforcement officer, and the level of intent. That distinction carries enormous consequences for sentencing.

Penalties for an Aggravated Assault Conviction in Westchester County

Both Assault in the First Degree and Aggravated Assault upon a Police Officer are Class B violent felonies under New York law. Assault in the First Degree carries a maximum prison sentence of up to 25 years. Aggravated Assault upon a Police Officer may carry severe sentencing exposure under New York law. Because both are classified as violent felony offenses, New York’s sentencing laws can impose mandatory minimum prison terms that limit judicial discretion even for first-time offenders.

The consequences extend beyond prison. A felony conviction creates a permanent criminal record with broad collateral consequences:

• Employment: Background checks will reflect the conviction, narrowing job opportunities across most industries.
• Professional Licensing: Fields such as healthcare, law, and finance may disqualify applicants with violent felony convictions.
• Housing: Many landlords and housing programs screen for felony convictions.
• Immigration: Non-citizens face potential deportation or bars to naturalization following a violent felony conviction.
• Orders of Protection: A conviction may result in an order of protection restricting contact with the alleged victim, affecting living arrangements and family relationships.

Defense Strategies for Aggravated Assault Charges

We approach every aggravated assault case by identifying the prosecution’s theory and locating the points where it can be challenged. Because our team includes former Assistant District Attorneys, we understand from direct experience what the Westchester County DA may rely on and how to counter it.

Justification (Self-Defense)

In New York, self-defense is codified as the justification defense. Once the defense raises justification, the burden shifts to the District Attorney to disprove it beyond a reasonable doubt. The defendant must have reasonably believed physical force was necessary, and a reasonable person in the same circumstances would have held the same belief. When the facts support it, this defense can be effective.

Challenging the Elements of the Charge

The prosecution must prove every element of the charge beyond a reasonable doubt, including the defendant’s intent, the nature of the injury, the use of a deadly weapon or dangerous instrument, and the identity of any protected victim. Contesting any one of those elements may change the outcome of the case.

Attacking Witness Credibility

Eyewitness testimony is often central to the prosecution’s case. Eyewitness accounts can be inconsistent, influenced by stress, or shaped by subsequent contact with law enforcement. Exposing those weaknesses at trial is a well-established defense approach.

Suppression Motions

If law enforcement conducted an unlawful search, made an arrest without probable cause, or questioned a defendant without proper Miranda warnings, a suppression motion may limit what the prosecution can present at trial. Statements made before counsel was retained are sometimes suppressible.

Plea Negotiation

In some aggravated assault cases, charge reduction through plea negotiation is a realistic goal, particularly where mitigating circumstances exist. Attorneys with credible trial experience and prosecution-side knowledge can carry real weight when negotiating with the Westchester County DA.

What to Do After an Aggravated Assault Arrest in Westchester County

The most important step after an arrest is also the simplest: don’t speak to law enforcement, investigators, or prosecutors without an attorney present. Any statement made before counsel is retained can be used against you in court.

Arraignment in a felony aggravated assault case typically occurs quickly after arrest. At that first appearance, the court will address bail, release conditions, and any orders of protection. Having an attorney at arraignment may directly affect the terms of release. Preserving evidence early matters too: witness contact information, surveillance footage, photographs, and medical records can be critical to the defense and may become unavailable if not identified promptly.

Proto, Sachs & Brown, LLP handles aggravated assault cases in Westchester County courts, including Westchester County Court in White Plains, and offers a free initial consultation for anyone charged with or under investigation for aggravated assault.

Call us at (914) 840-5104 to get started.