Assault is a criminal offense involving recklessly or intentionally harming a person. Assault has varying degrees that relate to the severity of the victim’s injury. They also refer to the means used to accomplish assault. Assault in the first degree is referred to as the most severe sort of assault. As a matter of fact, it is considered as one of the gravest crimes. Under the New York Penal Code 120:10, the prosecutor must show the following for you to be convicted of assault.
1. That you injured an individual while committing a class B felony, or
2. That you injured someone seriously, and you did it in a manner suggesting you had a debauched indifferent to human life.
3. That you injured a person, that you had the intent to permanently and seriously disfigure
4. That you injured someone using a dangerous instrument or a deadly weapon, and you had the intention to cause harm.
Examples of Crimes
Following an argument in a nightclub, a young man followed a girl outside the bar and hit her face with a bottle. The woman got injured. Even though the woman had no serious injury, the young man could fall into prosecution for the first-degree assault. Because he threw a bottle, it is often inferred that he had the intention to permanently and seriously disfigure the girl.
1. First Degree Menacing: New York Penal Code 120:13
2. First-degree reckless endangerment: New York Penal Code 120:25
For you to be convicted of first-degree assault, you must show that a deadly weapon was used. You also need to show that you had a debauched indifference to the life of a person. Moreover, you must show that this action occurred when a felony was committed. “Serious physical injury,” “felony,” or “deadly weapon” can be defined in many different ways in the criminal code. If the prosecutor does not show the necessary elements in the crime, then a conviction will be the hardest thing a prosecutor will have to do.
The first-degree assault has a maximum of 25 years in prison because it is a class B felony. First-degree assault is also an offense under the violent felony. If you are convicted as such, a mandatory minimum sentence of five years applies to you. Probation is also included as part of your sentence. A felony also has a mandatory probation term of five years.
New York Penal Code 120.10: Assault in the First Degree
A person is found guilty of first-degree assault when:
1. With intent to permanently and seriously disfigure another person, amputate or to destroy, disable or amputate an organ or member of his body. He causes this injury to the person or any third party or
2. With the intention to cause a grievous physical injury to another person. He causes this injury using a dangerous instrument or deadly person
3. Under circumstance that clearly show debauched indifference to human life, he engages in situations that risk human life, and results in injury to the person or any third party
The consequences of conviction with first-degree assault are often harsh. You will also be required to pay some fines in conjunction with a jail term. However, you can secure defenses to help you drop the charges, help you get acquitted, or reduce the charges. The staff at NYC criminal attorneys has many years of experience to defend clients charged with first-degree assault, rape, menacing, a felony, misdemeanors, reckless endangerment, and stalking in New York Criminal Courts. Please contact us to schedule a free consultation appointment in New York.