Facing First Degree Assault Charges in New York?

First Degree Assault Charges in New York

First degree assault in New York City (New York Penal Code § 120.10) is the most serious assault charge within the penal law, and is classified as a class-B violent felony. An individual can be charged with first degree assault if it is alleged that they have intentionally caused serious injury to a person with a deadly or very dangerous weapon.

Also, someone can be charged with first degree assault if they recklessly commit acts that create a serious risk of death, and their actions cause serious physical harm to another person. 

How We Fight First Degree Assault Charges in New York

As it pertains specifically to Assault in the First Degree (Penal Law § 120.10), a creative and experienced defense attorney will look to each of the requisite elements and find avenues to poke holes in the government’s case in chief. As alluded to above, in some scenarios, a prosecutor will be required to prove that an individual intended to cause serious physical injury to another and did so with a deadly weapon. Honing in on the intent element as well as the requirement of serious physical injury can create areas where a defense attorney can craft legal motions to reduce or dismiss charges.

Of course, self-defense is another defense against first degree assault. This defense is considered an affirmative defense, which means that even though someone did commit the crime, the circumstances were such that they were justified in doing so. When an individual elects to argue self-defense, the government must prove beyond a reasonable doubt that the individual claiming self-defense was not justified in doing so. 

Possible Sentencing & Penalties in New York

A person that is convicted of assault in the first degree faces severe penalties. They can receive a sentence of up to 25 years in prison. Fines can also be imposed on a felony conviction, not exceeding $5,000. Once on probation for a felony conviction, the probation period is five years. If someone faces such charges for first degree assault in New York City, their first priority should be enlisting the legal guidance of a skilled attorney.

Learn more about possible sentencing, penalties, and enhanced penalties for your specific assault charge in New York.

Examples and Related Cases

Our firm has been involved in a handful of cases whereby the top count charged is assault in the first degree. Given the significant penalties associated with this charge, it is imperative to mount an aggressive defense. In one such matter, our firm was able to push back against the government’s case from a legal standpoint – using the medical records associated with a victim’s injuries to convince the Court that “serious” physical injury was not present despite the use of a deadly weapon. In doing so, the first degree assault charge was reduced and our client ultimately secured a deal which entailed a non-jail sentence.

Your Defense Begins Now

If facing first degree assault charges, your defense must begin now. The sooner your defense counsel is able to counter-investigate and put forth a thoughtful defense, the more likely you are to have your matter dismissed. Contact the Law Offices of Jason Goldman immediately.