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 Degree | Classification | Maximum Penalty |
| First Degree | Class B felony | Up to 25 years in prison |
| Second Degree | Class D felony (violent felony) | Up to 7 years in prison (minimum 2 years required) |
| Third Degree | Class A misdemeanor | Up to 1 year in jail |
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.
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196People 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.
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.
After a heated argument outside a bar in Manhattan, you shoved someone who then fell and hit their head on the curb, suffering a fractured skull and brain bleeding. The police arrested you and the DA is now charging you with Assault in the First Degree under New York Penal Law § 120.10.
I only pushed the person once — how can they charge me with first-degree assault when I didn't use a weapon or intend to cause serious injury?
Under New York Penal Law § 120.10, Assault in the First Degree can be charged when a person intends to cause serious physical injury and actually causes such injury, even without a weapon. A fractured skull with brain bleeding qualifies as 'serious physical injury' under Penal Law § 10.00(10), which includes injury that creates a substantial risk of death or serious disfigurement. As a Class B violent felony, a conviction carries a determinate sentence of up to 25 years in state prison, with a mandatory minimum of 5 years. An experienced NYC defense attorney may be able to negotiate the charge down to Assault in the Second Degree or argue that the serious injury was not your intent, which could significantly reduce your exposure.
This is general information only. Contact us for advice specific to your situation.
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.
