NYC Assault In the First Degree Lawyers.

Overview of Assault Classifications

According to New York law, there are three classifications of assault, which include assault in the first, second, and third degree. Of all the assault offenses, assault in the first degree is the most serious. This offense is a Class B felonythat is punishable by up to 25 years in prison.

Assault in the First Degree

Components of First Degree Assault

There are specific components that will mandate an assault in the first degree charge. These factors include an individual who assaults another with the use of a dangerous or deadly weapon and causes significant injury to the victim or a third party. According to the criminal statue in New York, there are many examples of what is thought to be a dangerous weapon. New York law defines a dangerous weapon as a dagger, plastic knuckles, brass knuckles, metal knuckles, a knife, and guns. An automobile is another example of a dangerous instrument, which is as any object that has the ability to cause serious injury or death to another individual.

Case Law Examples

People v. Johnson (2013)

With the case of People v. Johnson, 967 N.Y.S.2d 217 (2013), the defendant was charged and convicted of assault in the first degree because she assaulted an individual in a way that physically impaired the victim's face. While the defendant argued that the victim never actually saw a knife, the jury still convicted the defendant based of the victim's injuries and testimony.

People v. Dietz (2013)

In the case of People v. Dietz, 947 N.Y.S.2d 891 (2013), the defendant was charged and convicted on assault in the first degree because he hit a victim on the face with a glass bottle. As a result, the jury determined that the defendant was intentionally and seriously attempting to cause permanent disfigurement to the victim's face.

People v. Miller (2013)

The defendant in the People v. Miller, 966 N.Y.S.2d 88 (2013) was found guilty of assault in the first degree for intentionally and recklessly driving in an effort to evade law enforcement officials. During the course of these events, the defendant hit a pedestrian that resulted in serious physical injuries. It was determined by the jury that the defendant was guilty because his actions were seen as reckless behavior toward human life.

Assault During Commission of a Felony

When an individual assaults another while a felony is being committed, which causes serious physical injury, he or she will be charged with assault in the first degree.

Defenses to Assault in the First Degree

Severity of Injuries Defense