new york penal code 120 10 assault in the first degree.

Assault in the first degree is one of the most serious assault charges in New York. It's classified as a Class B violent felony under New York Penal Law Section 120.10, and carries a potential prison sentence of up to 25 years. Let's break down what constitutes assault in the first degree, potential defenses, and what the implications are if convicted.

What Constitutes Assault in the First Degree?

There are a few ways assault in the first degree can be charged in New York:

• Intentionally causing serious physical injury to another person using a deadly weapon or dangerous instrument
• Intentionally and seriously disfiguring someone permanently
• Recklessly engaging in conduct that creates a grave risk of death while causing serious physical injury to another person
• Causing serious physical injury to someone while committing or attempting to commit another felony

So assault in the first degree requires serious physical injury to the victim, which is defined as:

• Protracted impairment of health
• Protracted loss or impairment of a bodily function, organ, or mental faculty
• A substantial risk of death
• Disfigurement

It also requires intent to cause the serious physical injury, except in cases of 'depraved indifference' where the reckless conduct creates a grave risk of death. Using a deadly weapon or dangerous instrument also elevates it to first degree assault.

Penalties If Convicted