What's happening
This bill creates the crime of aggravated assault in the third degree, making it a class E felony when committed with another person present.
Why it matters
Expands criminal liability. The bill introduces a new felony category, increasing the seriousness of assault charges when the crime is committed with another person physically present, which could result in longer sentences and greater consequences for those involved in group assaults.
Targets group violence. By focusing on assaults committed with the aid of another, the law addresses concerns about coordinated or gang-related violence, signaling a tougher stance on crimes involving multiple perpetrators.
Impacts prosecution and plea bargaining. The creation of a new class E felony gives prosecutors more leverage in charging decisions and plea negotiations, potentially resulting in more severe outcomes for defendants than the current third-degree assault charge, which is a misdemeanor.
Potential deterrent effect. The threat of a felony conviction for assaults committed with accomplices could serve as a deterrent, especially for individuals considering participating in group or "pack" attacks.
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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 Third-Degree Aggravated Assault
In Assembly Committee · Codes · Sponsor Brian Manktelow
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4138
2019-2020 Regular Sessions
IN SENATE
March 1, 2019
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.
LBD04800-01-9
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 aggra- vated 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 pres- ent.
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 phys- ical 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 prose- cuted as a felony.
Prior legislative history
2017-18: 5.4022/A.5268
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.