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:

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

After a bar altercation, you struck another patron with a bottle, causing a deep laceration that required surgery and resulted in permanent nerve damage to his face. Police arrested you and the district attorney is charging you under New York Penal Law § 120.10 — assault in the first degree, a Class B violent felony.

What am I actually facing with a first-degree assault charge, and is there any way to get this reduced?

Attorney's Answer

Under NY Penal Law § 120.10, assault in the first degree requires proof that you intended to cause serious physical injury and actually caused such injury by means of a deadly weapon or dangerous instrument — a broken bottle qualifies. As a Class B violent felony, you face a determinate sentence of 5 to 25 years in state prison, and a conviction carries a mandatory minimum period of incarceration. However, depending on the circumstances, your attorney may argue for a reduction to assault in the second degree under § 120.05, particularly if intent to cause serious physical injury can be challenged or if there are mitigating factors such as provocation or mutual combat. An experienced defense lawyer can also explore whether the injury truly meets the statutory definition of 'serious physical injury' under § 10.00(10), which requires substantial risk of death, protracted disfigurement, or protracted impairment of health.

This is general information only. Contact us for advice specific to your situation.

• 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