Aggravated Assault Attorney in the Bronx

Felony Assault Defense from Attorneys Who Know the Bronx Courts

An aggravated assault charge in New York is a felony. The penalties can include years in state prison, post-release supervision, and consequences that can follow you long after sentencing. At The Law Offices of Elliot S. Kay, we defend Bronx clients facing these charges and have obtained not-guilty verdicts and dismissals on serious violent felony matters, including attempted murder and gun-point robbery. Our familiarity with the judges, prosecutors, and procedures at Bronx County Hall of Justice shapes how we build every defense.

If you’re facing an aggravated assault charge in the Bronx, don’t wait. Call The Law Offices of Elliot S. Kay at (646) 759-9233 for a free, confidential consultation and learn more about your options.

Aggravated Assault Under New York Penal Law

New York Penal Law Article 120 governs all assault offenses, but only two crimes carry the specific label “aggravated assault.” Understanding which statute applies, and what the prosecution must prove, is the starting point for any defense.

PL §120.11: Aggravated Assault Upon a Police or Peace Officer
This Class B felony applies when a person intentionally causes serious physical injury to someone they know, or reasonably should know, is a police or peace officer performing official duties, using a deadly weapon or dangerous instrument. The definition of peace officer extends beyond NYPD to include county sheriff’s deputies, campus public safety officers, constables, and investigators for certain state agencies.

PL §120.12: Aggravated Assault Upon a Child Under Eleven
This Class E felony applies when a person 18 or older commits third-degree assault on a child under eleven and has a prior conviction for the same offense against a child under eleven within the preceding 10 years.

In practice, Bronx prosecutors frequently pursue first-degree assault under PL §120.10 (a Class B violent felony) and second-degree assault under PL §120.05 (a Class D felony) in cases involving weapons, serious physical injury, or protected victims such as health care workers, first responders, and elderly individuals. Two terms run throughout these statutes. Serious physical injury is a defined legal threshold under PL §10.00(10): it requires a substantial risk of death, or causes death, serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. Not every injury clears that bar. A dangerous instrument is broadly defined and can include ordinary objects used in a way capable of causing serious injury or death.

Potential Penalties for Aggravated Assault in New York

New York’s sentencing ranges for violent felonies are serious, and a conviction at any level carries consequences well beyond a prison sentence.

Prison Ranges by Charge Level

• PL §120.11 (Class B violent felony): An enhanced sentencing range of 10 to 30 years, above the standard 5-to-25 range for other Class B violent felonies under New York law.
• PL §120.12 (Class E felony): A maximum of four years in prison; a court may instead impose up to five years of probation.
• First-degree assault, PL §120.10 (Class B violent felony): A sentencing range that can include a minimum of five years and a maximum of 25 years, including for a first offense.
• Second-degree assault, PL §120.05 (Class D violent felony): A sentencing range that can include a minimum of two years and a maximum of seven years.

Collateral Consequences of a Felony Conviction

Beyond prison time, a conviction may carry post-release supervision lasting up to five years, and violating supervision conditions can mean a return to custody. A protective order prohibiting contact with the alleged victim is common; violating it is a separate criminal offense. A felony record can affect employment, professional licenses, and housing eligibility. For non-citizens, a felony assault conviction can trigger deportation proceedings, denial of naturalization, or bars to reentry under federal immigration law.

How We Defend Aggravated Assault Charges

The prosecution must prove every element beyond a reasonable doubt: intent, causation, and the legal threshold for injury or weapon use. Our defense strategy is built around finding and exposing weaknesses in that proof.

We begin investigating immediately upon retention, gathering evidence and interviewing witnesses before the prosecution’s case hardens. In one serious violent case, we obtained not-guilty verdicts on all assault charges in connection with an attempted murder prosecution. In another, we secured dismissal of weapon possession charges after a suppression hearing that excluded all physical evidence.

Common defense approaches in these cases include:

• Challenging the serious physical injury element: If the alleged injuries don’t meet the statutory definition, the charge may not hold.
• Contesting weapon or instrument use: We can challenge whether an object was used in a way that legally qualifies as a deadly weapon or dangerous instrument.
• Justification (self-defense): Under PL §35.15, a person may use physical force when they reasonably believe it is necessary to defend themselves or another from imminent unlawful force.
• Witness credibility and alibi: Inconsistencies in witness accounts, surveillance footage, and alibi evidence can undermine the prosecution’s version of events.
• Suppression of evidence: Where police conducted an unlawful search or seizure, a suppression motion can exclude key evidence and may lead to charges being reduced or dismissed.

Why Bronx Clients Choose The Law Offices of Elliot S. Kay

Local knowledge matters in felony cases. Our attorneys work regularly with the judges and prosecutors at Bronx County Hall of Justice and have built a reputation for handling serious matters with integrity. Local prosecutors know we don’t pursue frivolous positions, which gives our arguments weight when it counts.

We’ve handled thousands of cases and obtained numerous not-guilty verdicts, acquittals, dismissals, and charge reductions. Clients receive direct, one-on-one attention from the attorney handling the case. We meet with you personally, learn the full circumstances of your arrest, and start building the defense immediately. Our background in both criminal defense and civil rights matters gives us a broader view of law enforcement conduct that can prove relevant in assault cases, and we keep you informed and involved at every stage so your side of the story is heard.

Speak with a Bronx Aggravated Assault Defense Attorney Today

An aggravated assault charge moves quickly through the system, and early action can improve your options. Contact The Law Offices of Elliot S. Kay for a free, confidential consultation. There’s no financial commitment to have that conversation.

Call us at (646) 759-9233 or reach us through our online contact form. We serve clients throughout the Bronx and can start working on your defense.