What's happening
The bill creates a new crime of aggravated assault in the third degree when an assault is committed with another person present, making it a class E felony.
Why it matters
Targets group assaults. By creating a separate crime for assaults committed with another person present, the bill specifically addresses situations where two or more people participate together, which can increase the severity and psychological impact on victims.
Raises penalties for accomplice-involved assaults. Making this a class E felony (rather than a misdemeanor) means significantly harsher legal consequences for offenders, potentially leading to longer prison sentences and greater deterrence.
Expands prosecutorial options. Prosecutors would have a new, more serious charge available for cases where someone commits assault and is “aided” by another person, even if that person does not directly harm the victim, potentially increasing the likelihood of conviction or plea deals in group assault cases.
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Who cares
Prosecutors
The bill would create a class E felony charge for third-degree assault committed with aid from another person who is physically present.
Criminal defense attorneys and defendants
They would need to address whether a physically present person aided the assault, a required element of the new felony.
Assault victims and victim advocates
The bill would establish a separate aggravated assault offense for third-degree assaults involving aid from another person at the scene.
Headline styles
Add Aggravated Assault Category
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Add Third-Degree Aggravated Assault
In Senate Committee · Codes · Sponsor Patty Ritchie
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5268
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
Introduced by M. of A. OAKS, BARCLAY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated assault in the third degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 120.80 to read as follows: § 120.80 Aggravated assault in the third degree.
A person is guilty of aggravated assault in the third degree when he or she commits the crime of assault in the third degree as defined in section 120.00 of this article and is aided by another person who is physically present.
Aggravated assault in the third degree is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06741-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.