Aggravated Assault Lawyer in Nassau County
Former Prosecutors Defending Felony Assault Charges in Nassau County Courts
An aggravated assault charge in New York is a felony. It carries the possibility of state prison, a permanent violent felony record, and consequences that reach into employment, housing, professional licensing, and immigration status. Nassau County prosecutors pursue these cases hard, and the outcome often depends on what happens before the case ever reaches trial. At Lerner & Lerner, P.C., we defend individuals facing these charges throughout Nassau County, and we bring something most defense attorneys can’t offer: direct experience inside the Nassau County District Attorney’s office. Richard Lerner and Kimberly Lerner are both former prosecutors. They know how the DA’s office evaluates evidence, how charging decisions get made, and where cases are vulnerable.
Early intervention matters. From the Felony Screening Bureau’s initial review of felony arrests to the bail hearing at arraignment, there are critical early points where experienced defense counsel can shape what happens next.
If you or someone you know is facing an aggravated assault charge in Nassau County, contact us today for a free initial consultation. Call (516) 586-0383 to speak with our team.
Why Clients in Nassau County Choose Lerner & Lerner
Richard Lerner and Kimberly Lerner bring over 70 years of combined criminal defense experience. Both hold the AV Preeminent rating from Martindale-Hubbell individually, the highest distinction available through peer review, and both have been recognized by Super Lawyers. Kimberly Lerner serves as a featured legal correspondent on MSNBC, CNN, and Fox News. We have handled thousands of cases across Nassau County courts.
What makes that background directly relevant here is context. Former prosecutors understand which evidence the DA’s office treats as decisive, how plea negotiations move through the system, and what arguments carry weight at each stage from arraignment through potential trial. That institutional knowledge shapes every defense strategy we build.
How New York Law Defines Aggravated Assault
New York Penal Law identifies three crimes carrying the specific label of aggravated assault: Aggravated Assault Upon a Police Officer or Peace Officer (Penal Law 120.11), Aggravated Assault Upon a Person Less Than Eleven Years Old (Penal Law 120.12), and Aggravated Vehicular Assault (Penal Law 120.04-a). In practice, prosecutors and law enforcement also treat first-degree assault (Penal Law 120.10) and second-degree assault (Penal Law 120.05) as aggravated assault when aggravating factors are present.
Those aggravating factors are what separate a Class A misdemeanor under Penal Law 120.00 from a felony-level charge. The key distinctions include:
- Severity of injury: Whether the harm qualifies as serious physical injury under New York law
- Use of a weapon: Whether a firearm, deadly weapon, or dangerous instrument was involved
- Protected victim status: Whether the alleged victim is a law enforcement officer, healthcare worker, elderly person, or child
- Connection to another felony: Whether the assault occurred in the course of committing a separate felony offense
In 2024, the New York Division of Criminal Justice Services reported 1,577 aggravated assault offenses in Nassau County, with 9 percent involving a firearm. Those numbers reflect how seriously local law enforcement treats these charges.
Sentencing Ranges for Felony Assault Convictions
The degree of the charge determines the sentencing exposure. Under New York law, the statutory ranges are:
- Second-degree assault (Class D violent felony, Penal Law 120.05): Up to seven years in prison, mandatory minimum of two years, fines up to $5,000
- First-degree assault (Class B felony, Penal Law 120.10): Five to 25 years in prison, mandatory minimum of five years
- Aggravated assault on a police or peace officer (Class B felony, Penal Law 120.11): Enhanced sentencing of 10 to 30 years in prison
- Aggravated assault on a person under 11 years old (Class E felony, Penal Law 120.12): Up to four years in prison, fines up to $5,000
Incarceration is only part of the picture. A violent felony conviction carries collateral consequences that can last well beyond any sentence. A prior violent felony conviction triggers mandatory minimum enhancements on any future felony charge. For non-citizens, assault convictions classified as aggravated felonies or crimes involving moral turpitude under federal immigration law can trigger deportation, denial of naturalization, or bars to reentry.
Defense Strategies in Nassau County Aggravated Assault Cases
We begin every case with a thorough investigation. That means examining whether the alleged assault was provoked, whether our client acted in lawful self-defense, whether the wrong person has been accused, and whether the complaining witness has any motive to fabricate or exaggerate.
Common Defense Approaches
Depending on what the evidence shows, applicable defenses may include:
- Self-defense and justification: Penal Law 35.15 permits the use of reasonable force to protect oneself or others
- Challenging the injury threshold: Whether the alleged harm actually meets the legal standard for serious physical injury required for felony-level charges
- Misidentification: Eyewitness accounts and circumstantial identification evidence are frequently unreliable
- Lack of required intent: Some assault degrees require proof of intentional or reckless conduct that the facts may not support
- Weapon classification: Whether the item alleged to be a deadly weapon or dangerous instrument meets the statutory definition
Evidence Review & Early Intervention
We review police body-camera footage, 911 recordings, surveillance video, and medical records to test whether the evidence actually supports the charged degree. The Nassau County DA retains discretion to continue prosecuting even if the complaining witness stops cooperating, which is why evidence preservation and early legal intervention are critical. Mitigating factors, including no prior criminal record or steps toward restitution, may support a reduction to a lesser charge or a non-criminal disposition.
How Aggravated Assault Cases Move Through Nassau County Courts
Before a case reaches a courtroom, the Nassau County DA’s Felony Screening Bureau typically reviews felony arrests to assess whether to prosecute at the felony level. This is a critical window. Defense counsel who can present information at that early stage may influence how the case is charged.
A Nassau County aggravated assault case then proceeds to arraignment at Nassau County District Court in Hempstead, where the judge considers bail or release conditions and the charges are formally presented. The DA’s Arraignment Part generally operates seven days a week, including weekends and holidays. An order of protection may also be imposed at arraignment, restricting where the defendant can live or whom they can contact. Skilled bail advocacy at that first appearance can affect conditions that affect daily life immediately. After arraignment, felony assault cases transfer to Nassau County Court in Mineola for grand jury proceedings, pre-trial motions, and trial.
Facing Aggravated Assault Charges? Call for a Free Consultation.
An aggravated assault charge in Nassau County demands an immediate, strategic response. Our goal in every case is to seek the most favorable outcome possible, whether that means a dismissal, a reduction to lesser charges, or an alternative to incarceration. No two cases are the same, and no outcome is guaranteed, but the defense we build can be grounded in a complete understanding of how Nassau County courts and prosecutors approach these cases.
Richard and Kimberly Lerner are former prosecutors with over 70 years of combined experience defending criminal charges throughout Nassau County and Long Island. Call (516) 586-0383 to schedule your free initial consultation with Lerner & Lerner, P.C..
