What's happening
This bill creates the crime of aggravated assault in the third degree, making third-degree assault with an accomplice a class E felony.
Why it matters
Increases legal consequences for group assaults. By making third-degree assault with an accomplice a felony (rather than a misdemeanor), the bill targets situations where more than one person is involved in committing violence, reflecting a view that group attacks are more serious or dangerous.
Potential deterrent effect for coordinated violence. The higher felony penalty could discourage people from participating in assaults with others, aiming to prevent "mob" or "pack" style attacks that might otherwise be seen as less risky under current law.
Impacts on prosecutorial discretion and sentencing. Prosecutors will have a new, more serious charge available for cases involving multiple assailants, which could lead to longer sentences, plea bargaining leverage, and broader application of felony-level consequences.
Broader implications for defendants and communities. Individuals convicted under this new law would face more severe long-term consequences (like loss of voting rights, employment barriers, and longer imprisonment), potentially affecting communities where group altercations are more common.
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Who cares
People accused of third-degree assault
They could face a new class E felony charge if another person physically present aids them in committing the assault.
District attorneys
The bill would create an aggravated third-degree assault charge for cases involving aid from another person who is physically present.
Criminal defense attorneys
Whether another person was physically present and aided the assault would be central to defending against the new charge.
Assault victims
The bill would classify third-degree assaults committed with aid from another person physically present as aggravated third-degree assault, a class E felony.
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
- 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
5677
2019-2020 Regular Sessions
IN ASSEMBLY
February 14, 2019
Introduced by M. of A. MANKTELOW -- 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.
LBD04800-01-9
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.