New York Assault in the First Degree

Assault is a criminal offense that involves intentionally or recklessly harming another person. There are varying degrees of assault that relate directly to the severity of the injury to the victim and the means by which the assault is accomplished. Assault in the first degree is the most severe type of assault in New York. In fact, it is one of the most serious crimes than you can commit.

Under New York Penal Code § 120.10, in order for you to be convicted of assault in the first degree the prosecutor must show the following:

• That you injured someone using a deadly weapon or dangerous instrument, and you had the intent to cause serious injury, or…
• That you caused serious and permanent disfigurement to another person, or…
• That you acted with a depraved indifference to human life which created a grave risk of death, and caused serious injury to another person.

Other than killing another person, First Degree Assault, pursuant to New York Penal Law 120.10, is the most serious crime found within the pages of the New York criminal code. In the simplest of terms, all intentional New York Assault cases stem from the same general concept – that is, you are guilty of Assault in any degree if with the intent to cause a physical injury to another person, you in fact cause that type of injury.

One of the key factors that differentiate the misdemeanor Third Degree variety, New York Penal Law 120.00, from the felony First Degree is the injury prosecutors must prove you intended to cause and actually caused. While any physical injury meets the standard for Third Degree, First Degree Assault requires the most serious types of injuries – those that create a substantial risk of death, or serious and protracted disfigurement, impairment of health or loss or impairment of the function of any bodily organ.

Elements of First Degree Assault in New York

For a prosecutor to obtain a conviction for first degree assault, they must prove the following elements beyond a reasonable doubt:

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Legal Scenario: What Would You Do?

Scenario

You got into a heated argument at a bar and struck another patron with a glass bottle, causing a deep laceration that required surgery and resulted in permanent nerve damage to their face. You were arrested and charged with Assault in the First Degree, and you're terrified about what this means for your future.

What am I facing with a first-degree assault charge in New York, and is there any way to fight this?

Attorney's Answer

Under New York Penal Law § 120.10, Assault in the First Degree is a Class B violent felony carrying a mandatory minimum of 5 years and up to 25 years in state prison. The prosecution must prove that you intended to cause serious physical injury and that the victim actually sustained such injury, or that you used a deadly weapon or dangerous instrument in the commission of the assault. We would examine whether the injury truly meets the legal threshold of 'serious physical injury' as defined under Penal Law § 10.00(10), whether there are viable self-defense claims under Penal Law § 35.15, and whether the charges could potentially be reduced to a lesser degree of assault based on the specific circumstances of the incident.

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

• You intentionally caused serious physical injury to another person by means of a deadly weapon or dangerous instrument;
• You intentionally disfigured another person seriously and permanently;
• You acted with depraved indifference to human life, and recklessly engaged in conduct which created a grave risk of death to another person, and thereby caused serious physical injury to that person; or
• In the course of and in furtherance of another felony, or in immediate flight therefrom, you or another participant caused serious physical injury to someone other than a participant in the felony.

The questions and issues in any case, especially one as serious as a First Degree Assault arrest, are numerous. The potential for mistake if not handled properly are enormous. Educate yourself on the law, take the steps to protect your future and begin your defense before your future, liberty and family is compromised. Hiring an experienced criminal defense attorney is essential.

Penalties for First Degree Assault in New York