What Is Aggravated Assault in New York?

New York Doesn’t Use “Aggravated Assault” the Way You’d Expect

Many states have a single crime called aggravated assault. New York does not. Instead, the New York Penal Law grades ordinary assault into three degrees based on the seriousness of the injury and whether a weapon was involved. The word “aggravated” is reserved for two narrow, specific crimes: aggravated assault upon a police or peace officer (Penal Law §120.11) and aggravated assault upon a person less than eleven years old (Penal Law §120.12). If your search brought you here because someone told you they were charged with, or a victim of, “aggravated assault,” the actual charge is almost always one of the degrees below.

Is Stabbing Someone “Assault With a Deadly Weapon”?

Yes, generally. A knife used to injure someone is treated under New York law as a deadly weapon or dangerous instrument, and using one to cause physical injury elevates the charge above the base misdemeanor level. A stabbing that causes physical injury is typically charged as second-degree assault, §120.05, a class D felony. If the stabbing causes serious physical injury — injury that creates a substantial risk of death, disfigurement, or loss of a bodily function — prosecutors can bring the top charge, first-degree assault, §120.10, a class B felony.

The Three Degrees of Assault Under New York Penal Law

• Third-degree assault — Penal Law §120.00, a misdemeanor. Physical injury caused intentionally or recklessly (no weapon required), or caused with criminal negligence by means of a deadly weapon or dangerous instrument.
• Second-degree assault — Penal Law §120.05, a class D felony. Covers injury caused with a deadly weapon or dangerous instrument, injury to certain protected victims (such as police officers), or intent to prevent a lawful arrest.
• First-degree assault — Penal Law §120.10, a class B felony. Requires intent to cause serious physical injury and the use of a deadly weapon or dangerous instrument, or certain other aggravating circumstances.

How a Criminal Conviction Can Help Your Civil Case

If the person who attacked you is convicted of assault, that conviction can carry real weight in your civil lawsuit. Under a legal doctrine called collateral estoppel, facts that were already proven beyond a reasonable doubt in the criminal case — such as who committed the attack — generally cannot be relitigated by the same defendant in the civil case. That can remove one of the hardest parts of a civil assault claim: proving, in a separate proceeding, that the defendant is the person who hurt you.

Suing the Attacker vs. Suing the Property Owner

An assault victim in New York often has two distinct civil claims, with different defendants and different deadlines.

• Civil assault and battery against the attacker — must generally be filed within one year under CPLR §215.
• Negligent security against the property owner, landlord, or business — where inadequate lighting, broken locks, absent security, or ignored warning signs allowed the attack to happen, generally has a three-year deadline under CPLR §214.

These claims can proceed together, and an attacker with few assets often makes the negligent security claim against the property owner the more practical path to recovery.

Restitution and Crime Victim Compensation

Separate from a civil lawsuit, a criminal court can order the defendant to pay restitution as part of sentencing, and eligible victims can apply to the New York Office of Victim Services (OVS) for compensation toward medical expenses, counseling, and lost earnings. Neither restitution nor OVS compensation is guaranteed or unlimited, and pursuing them does not prevent you from also bringing a civil claim for the full extent of your damages. An attorney can help you pursue all available avenues at once rather than missing a deadline while waiting on one.

Frequently asked questions