Bail For Aggravated Assault In New York

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A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Therefore, in the context of aggravated assault, the prosecution only needs to prove that the defendant intended to do the physical act, or recklessly did the physical act (leading to the serious bodily harm of another).

Crimes That May Qualify as Aggravated Felonies Some offenses only qualify as aggravated felonies when they meet certain conditions, such as a minimum amount of damage (in dollars) or a minimum term of imprisonment. These include: Crimes involving forgery or counterfeiting. Racketeering offenses or RICO violations.

An aggravated assault typically involves more significant injuries to the alleged victim or other factors, such as the use of a weapon, which make the crime more violent than a simple assault.

Bail for assault charges in New York can vary greatly depending on the degree in which somebody is charged, his or her criminal or bench warrant history, and the defendant's ties to New York. Certainly, this number can range anywhere from $5,000 to $250,000.

If aggravating factors are present, the domestic violence offense becomes a felony. Aggravating factors may include a prior conviction for domestic violence or the fact that a victim is pregnant at the time of the assault.

An assault is “aggravated” if it involves one or more factors that make it more serious. Aggravating factors can include the use of a deadly weapon such as firearm, the victim being a police officer, judge, social worker, or a child, the intent of the defendant, and the seriousness of the injury.

2nd Degree Aggravated Assault If a person intentionally, knowingly, or recklessly causes bodily injury to another person AND either causes serious bodily injury or uses or exhibits a deadly weapon during the assault, the assault is charged as a 2nd-degree felony.

Penalties & Punishment For example, the maximum term for a conviction must be at least three years and can be up to 25 years.

Common Bond Conditions: The Essentials to Know Mandatory Court Appearances. One of the primary conditions of being out on bond is attending all scheduled court appearances. Travel Restrictions. Maintaining a Law-Abiding Lifestyle. No Contact with Certain Individuals. Compliance with Substance Abuse Testing.

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BAIL-ELIGIBLE OFFENSES UNDER NEW YORK'S NEW BAIL LAWS. Aggravated assault upon a police officer or a peace officer - B violent felony, PL 120.11.If the assault was particularly severe or resulted in serious injury, the judge may be less likely to grant bail. Fill out the contact form or call us at 212.312. You will face a change of assault in the first degree if with intent to cause serious physical injury you seriously injure another person with a deadly weapon. Fill out the contact form or call us at (212) 3445180 to schedule your consultation. You can find out bail or bond amounts for a specific incarcerated person and learn how to pay bail. The court shall direct that the bail be posted in any one of three or more of the forms…. You can find out bail or bond amounts for a specific incarcerated person and learn how to pay bail. The offense can be a misdemeanor or felony, depending on how serious the assault is and who the victim is.

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Bail For Aggravated Assault In New York