Removes the deadly weapon or dangerous instrument requirement from aggravated assault upon a police officer or peace officer

2025 Regular Session Introduced by Joe Angelino and 8 co-sponsors

Broadens aggravated assault on police by removing the requirement that injury come from a deadly weapon or dangerous instrument, focusing on intent to cause serious injury.

REFERRED TO CODES

Overview

Bill A.11088 (2025-2026, New York) seeks to remove the requirement that aggravated assault upon a police officer or peace officer be committed with a deadly weapon or dangerous instrument. The bill preserves the offense of aggravated assault but changes the means element so that injuring an officer in the course of duty without using a deadly weapon or dangerous instrument would still satisfy the crime, provided the offender acts with intent to cause serious physical injury.

Purpose and intent

To broaden the circumstances under which aggravated assault on a police or peace officer can be charged, by removing the explicit element that the injury be caused by a deadly weapon or dangerous instrument.

Align the offense with a focus on the offender’s intent to cause serious physical injury, regardless of the specific instrument used.

Key provisions

Section 120.11 (Aggravated assault upon a police officer or a peace officer) is amended.

Current standard (as reflected in the bill’s language) requires:

The offender to cause serious physical injury to a person known or reasonably believed to be a police or peace officer, while the officer is performing duties, and
The injury must be caused by a deadly weapon or dangerous instrument.

The proposed standard (after amendment) would remove the requirement that the injury be caused by a deadly weapon or dangerous instrument. The essential elements would be:

Intention to cause serious physical injury
Target is a police officer or peace officer engaged in official duties
Injury caused by any means (not limited to a deadly weapon or dangerous instrument)

Classification: The offense remains a Class B felony.

Who/what is affected

Potential defendants who injure police or peace officers while those officers are performing official duties, where the injury is not caused by a deadly weapon or dangerous instrument, could be charged with aggravated assault under the revised standard.

Police officers and peace officers (as the protected class) would remain the victims protected by this statute.

Prosecutors: would gain a broader charging basis for aggravated assault where serious injury is intended and inflicted by non-weapon means.

Procedural and timeline aspects

Effective date: Immediate upon enactment.

The bill was introduced by Assembly Member E. Brown and referred to the Codes Committee on April 24, 2026.

The bill includes standard legislative formatting and an explanatory note indicating new material (italics/underscoring) and removed language (brackets).

Potential implications

Policy impact: Broadens the reach of aggravated assault charges in cases involving injuries to officers when no deadly weapon or dangerous instrument is used.

Sentencing: Keeps the offense as a Class B felony, which carries significant penalties, but the removal of the weapon/dangerous instrument element could affect case strategy, charging decisions, and potential plea negotiations.

Law enforcement implications: May increase accountability where serious injury results from actions lacking a weapon or instrument, potentially affecting officer safety dynamics and prosecutorial charging discretion.

If you’d like, I can compare this bill to the current statute and outline hypothetical scenarios illustrating how charges would differ before and after enactment.