What's happening
This bill creates the crime of aggravated assault in the third degree when assault is committed with another person present, making it a class E felony.
Why it matters
Increases legal consequences for group assaults. By making it a felony when someone commits third-degree assault with another person physically present, the bill targets assaults carried out with accomplices, which are often more dangerous and intimidating for victims.
Aims to deter group violence. The prospect of facing a felony charge (rather than a misdemeanor) may discourage individuals from participating in assaults with others, addressing concerns about "pack" or group attacks.
Expands prosecutorial tools. This new crime gives law enforcement and prosecutors an additional, more serious charge to use in cases where assaults involve multiple offenders, potentially leading to longer sentences and greater accountability.
Signals increased seriousness of group-related assaults. By elevating these cases to felony status, the law reflects a legislative judgment that assaults involving accomplices are a greater threat to public safety and warrant more severe punishment.
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Who cares
Headline styles
Add Third-Degree Aggravated Assault
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to 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 Aggravated Assault Category
In Assembly Committee · Codes · Sponsor Robert Oaks
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4022
2017-2018 Regular Sessions
IN SENATE
February 2, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to aggravated assault in the third degree
Purpose
This legislation establishes a new crime, aggravated assault in the third degree, when an individual commits the crime of assault in the third degree, as defined under penal law section 120.00, and is aided by another person who is physically present.
Summary of provisions
The Penal Law is amended by adding a new section 120.80 which defines the crime of aggravated assault in the third degree as a crime that meets the definition of assault in the third degree as defined in section 120.00, and is aided by another person who is physically present.
Justification
Recently in Oswego County, a female bartender was brutally beaten by two male patrons. Despite the multiple injuries suffered, which required corrective surgery, the woman's injuries did not meet the "serious physical injury" standard required under the law for a felony charge. The District Attorney was only able to charge the two individuals with was a misdemeanor offense of Assault in the Third Degree.
This legislation would give District Attorney's an important tool, allowing cases where two assailants attack a single victim to be prosecuted as a felony.
Prior legislative history
New Bill
Fiscal implications for state and local governments
None
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.