In New York, Assault in the First Degree is considered a Class “B” Felony.
Assault in the First Degree is the most serious offense and can lead to serious jail time.
In New York City, there are a handful of crimes considered Class “B” Felonies, including intentionally causing serious injury with a weapon such as a knife and acting with intent.
In addition, intentionally causing disfiguration or amputating a victim’s limb is consistent with recklessly causing Serious Physical Injury that is profound and long-lasting.
If you have been charged with first-degree assault in New York; at Perez Justice Law, we can help you understand your charges and secure the best possible outcome in your case.
Under New York Penal Code §120.10, the prosecution must show the following in order for you to be convicted of the serious charge of assault in the First Degree:
→ You injured someone using a deadly weapon or dangerous instrument with the intent to cause serious injury; or
→ You injured someone with the intent to seriously and permanently disfigure the individual(s)
→ You seriously injured someone with a depraved indifference to human life
→ You seriously injure someone while committing a felony.
A person is guilty of assault in the First Degree when:
→ There is intent to cause serious physical injury to another person and cause the injury to such person or third party by means of a deadly weapon or instrument
→ There is an intent to disfigure another person seriously and permanently; or the intent to destroy, amputate or disable a member or organ of the body, he/she causes such injury to such person or to a third person; or
→ Under circumstances evincing a depraved indifference to human life, he/she recklessly engages in conduct that creates a grave risk of death to another person and thereby causes serious physical injury to another person
→ In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he or another participant, if there be any, causes serious physical injury to a person other than one of the participants.
Examples of First Degree Assault in New York City
First-degree assault is a Class B Felony, which can result in a prison sentence of up to 25. years. You may be charged with first-degree assault if you used a deadly weapon or dangerous instrument to inflict serious physical injury on someone else. Additionally, this charge applies if you caused a permanent disability to another person, acted with depraved indifference to human life leading to a serious injury, or inflicted serious injury on someone while committing another felony.
Element |
Definition |
|
Serious Physical Injury |
The victim must have sustained a serious and life-threatening injury, which could result in death or cause prolonged disfigurement or impairment. |
|
Intent |
The perpetrator must have had a clear intention to cause such injury to the victim. |
|
Weapon or Dangerous Instrument |
The assault is often carried out with a deadly weapon or dangerous instrument, enhancing the severity of the charge. |
|
Aggravating Circumstances |
The assault may occur in conjunction with another felony or against a person belonging to a protected category, like law enforcement officers. |
Reckless endangerment in the first degree: New York Penal Code §120.25
You can face a felony reckless endangerment in the first degree if you act in a way that shows that you have no regard for human life. It does not matter if anyone was injured.
Reckless endangerment in the first degree is a serious charge, and you could be prosecuted if you recklessly engage in conduct that creates a grave risk of death to another person while showing an indifference toward human life.
New York courts have interpreted the phrase “depraved indifference to human life to mean “an utter disregard for the value of human life – a willingness to act not because one intends harm, but because one simply does not care whether grievous harm results or not”.
Menacing in the first degree: New York Penal Code §120.13
Menacing is doing something that puts another person in fear of immediate physical injury and is a class E felony. Physical injury is not required to be charged with menacing. There are four menacing offenses in the New York Penal Code.
→ Menacing in the first degree
→ Menacing in the second degree;
→ Menacing in the third degree; and
→ Menacing a police officer or peace officer
To be convicted of menacing in the first degree, the prosecution must prove you threatened someone with a dangerous instrument or deadly weapon. The maximum possible sentence you may face is 4 years in prison. Your sentence may also include probation of 5 years and a fine of up to $5,000.
Minimum Sentence for 1st Degree Assault
First-degree assault is considered one of the most severe forms of assault due to the intentional and serious harm it inflicts on the victim. Categorized as a violent felony offense, the consequences of a conviction are significant.
In the event of a conviction, the law mandates a minimum sentence of 5 years in prison. This mandatory minimum sentence is non-negotiable.
This means the judge cannot order a lesser sentence based on circumstances or mitigating factors presented during your trial.
Defend Your Rights Today
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