New York Penal Law § 120.10 – Assault in the First Degree

New York Criminal Defense Attorneys Aggressively Defending Clients Facing Allegations of Assault and Other Violent Crimes

Under New York Penal Law § 120.10, Assault in the First Degree is a felony crime providing harsh punishments to those who cause serious physical injury to another person. There are several ways one can commit First Degree Assault; however, the offense is always considered a Class B felony in New York.

The Elements of Assault in the First Degree

Under the state and federal constitutions, in any criminal case, the government carries the burden to prove each and every element of the offense beyond a reasonable doubt. In the context of 1st Degree Assault, there are four subsections.

  1. Intentionally Cause Serious Injury with a Weapon
    1. The defendant used a weapon to seriously hurt another person; and
    2. The defendant acted intentionally
  2. Intentionally Cause Disfigurement or Amputation
    1. The defendant seriously disfigurement another person; and
    2. The defendant acted intentionally
  3. Recklessly Causing Serious Physical Injury
    1. The defendant inflicted serious bodily injury;
    2. The defendant recklessly disregarded a grave risk of death; and
  • The defendant exhibited a “depraved indifference to human life.”
  1. Causing Serious Injury During the Commission of a Felony
    1. The defendant committed or attempted to commit a felony; and
    2. During the court of the felony, the defendant caused serious physical injury to another person.

Examples of Assault in the First Degree

Some of the most common examples of First Degree Assault include:

  • Using a knife to stab someone in the belly;
  • Shooting a store clerk during the course of a robbery; and
  • Assaulting someone to the point where their leg needs to be amputated.

Related Offenses to NY Penal Law § 120.10

In addition to Assault in the First Degree, there are several other charges that criminalize similar conduct, including the following:

  • Assault in the Second Degree – N.Y. Penal Law § 120.00
  • Menacing in the First Degree – N.Y. Penal Law § 120.13
  • Menacing in the Second Degree – N.Y. Penal Law § 120.14
  • Vehicular Assault in the First Degree – N.Y. Penal Law § 120.04
  • Aggravated Vehicular Assault – N.Y. Penal Law § 120.04-a
  • Attempted Murder in the First Degree – N.Y. Penal Law § 110.05 / 125.27
  • Attempted Murder in the Second Degree – N.Y. Penal Law § 110.05 / 125.25
  • Attempted Manslaughter in the First Degree – N.Y. Penal Law § 110.05 / 125.20
  • Attempted Manslaughter in the Second Degree – N.Y. Penal Law § 110.05 / 125.15

What Are the Defenses to Assault in the First Degree?

There are several defenses to Assault in the First Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses to 1st Degree Assault charges include the following:

  • Self-defense;
  • Defense of others;
  • A lack of intent to cause serious physical injury or disfigurement;
  • The alleged victim’s injury was unrelated to the underlying felony offense; or
  • You were not acting with “a depraved indifference to human life.”

Note that some of these defenses only apply in cases filed under certain subsections. For example, the fact that an alleged victim’s injury was unrelated to a felony is only a defense under NY Penal Law § 120.10(4).

What Are the Penalties for Violating NY Penal Law § 120.10?

Assault in the First Degree is a Class B felony. In New York, Class B felonies carry a maximum sentence of up to 25 years in prison and a fine of up to $30,000.

Were You Arrested for Assault Charges in New York?

Assault in the First Degree is an extremely serious crime. And if you’ve been arrested and charged with felony assault, it is essential that you work with an attorney who will take your case as seriously as you do. At Tilem & Associates, P.C., our dedicated team of New York criminal defense attorneys has decades of experience standing up for the rights, freedoms and futures of clients charged with violent crimes. We’re familiar with all the best assault defenses, when they apply, and how to effectively use them to secure the best possible result in our clients’ cases. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call Tilem & Associates, P.C. at 877-377-8666. You can also reach us through our online contact form.

Client Reviews

Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes.

Rob

I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you. If I can ever be of help in providing a reference or anything else, please let me know.

Joanna

I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate...

W.S.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Over 25 Years Experience
Fill out the contact form or call us at 877-377-8666 to schedule your free consultation.

Leave Us a Message

Online Payments Available

Pre-Paid Legal Service for Gun Owners