NY Penal Law § 120.09: Assault on a judge

The crime of assault entails using violence against another individual and, as a result, injuring that person. When an assault involves certain officials, such as judges, you will face a more serious assault charge. In the event that you are convicted on such an egregious charge, you will face a harsher penalty than if you assaulted an individual who is not an official.

Elements of the Offense

You will have committed the crime of assault on a judge under New York Penal Code § 120.09 if you intentionally cause serious physical injury to a judge and, by doing so, prevent the judge from carrying out his or her official duties. For the purposes of this offense, the title “judge” is defined as a judge of a court of record or a justice court. Some examples of justice courts are local town or village courts, traffic courts, or criminal courts.

An Example

In a criminal court proceeding, a judge sentenced a defendant to the maximum possible sentence for a stalking in the first degree charge. During the trial, the defendant’s mother, who was in the courtroom at the time of the sentencing, was observed as being visibly distraught. Before the judge could step down from the bench, the defendant’s mother ran up to him and she stabbed him in the arm with a pen. The judge’s arm started to bleed from the stab wound. Nevertheless, the judge did not require hospitalization.

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Legal Scenario: What Would You Do?

Scenario

During a heated custody hearing, you lost your temper and shoved the family court judge who was ruling against you, causing the judge to fall and sustain a wrist fracture. You were immediately restrained by court officers and arrested on the spot.

What charges am I facing for pushing the judge, and how is this different from a regular assault charge?

Attorney's Answer

Under NY Penal Law § 120.09, assault on a judge is classified as a Class C violent felony, which carries significantly harsher penalties than ordinary assault — including a potential sentence of up to 15 years in state prison. The prosecution must prove that you intended to cause physical injury to a judge while that judge was performing official duties, and that serious physical injury actually resulted. Because the victim is a sitting judge acting in an official capacity, this charge is elevated well beyond a standard third-degree assault, which is only a misdemeanor. Given the severity of this charge and the mandatory minimum sentencing guidelines for violent felonies, you need experienced legal counsel immediately to examine whether any mitigating factors or procedural defenses may apply to your case.

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

The mother’s reaction to her child’s sentencing would not be classified as an assault on a judge, because the judge did not sustain a serious injury. That said, the defendant’s mother would likely face other assault charges.

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