Wojciech Braszczok is facing felony charges in the attack

Oct 10, 2013 11:11 GMT  ·  By

Officials have upgraded the charges to an undercover New York cop who took part in a biker attack on a SUV driver last weekend.

The original charges of rioting and criminal mischief have been changed to felony counts of gang assault and assault, matching those of the other suspects.

According to ABC News, video footage provided by witnesses showed that detective Wojciech Braszczok not only broke the SUV window, but he kicked the passenger door of the car repeatedly. The victim's two-year-old child was in the back at the time.

His attorney, John Arlia, claimed in court that the window was "already broken," describing a "gaping softball [sized] hole" in it before it was smashed by defendant.

Braszczok, a former narcotics officer, initially claimed that he had no part in the attack.