New York Penal Code 120.10: Assault in the First Degree
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.
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.
New York Penal Code 120.00: Assault in the third Degree
There are three degrees of the assault crime included in the New York Penal Law. They include the first-degree, second-degree, and third-degree assault. The least serious crime is the third-degree assault. It carries a prison statement that does not exceed one year because it is a Class A misdemeanor. Under the New York penal code 120:00, you will face a third-degree assault if:
• You injure another person intentionally
• You injure a third person with the intention of injuring another person
• You recklessly injure another person, or
• You negligently cause harm to another person with a dangerous instrument or a deadly weapon.
It is a Class A misdemeanor.
A man got himself in the middle of a shouting match with his neighbor. He got so angry and punched the neighbor in the face and back. For this reason, the neighbor sought medical therapy at a local hospital. It is not necessary that these injuries were serious. However, this must be a physical injury as stated in the penal code.
For you to sustain a second-degree assault charge, you must have the victim sustain a physical injury. While the injury might not be necessary, there must be an evidence of injury other than complaining that your actions hurt he or she. If there is no present injury as stated in the penal code, the prosecutor will have a hard time securing a third-degree assault conviction.
Under the New York Penal Code, you have the permission to use physical force to protect yourself or any other person against any coming danger. If you can prove to the judge that you were protecting yourself against danger based on the facts you present, you will secure a valid sentence defense against all the charges. For this reason, it calls upon the evidence presented in court. You will have a valid defense against the third-degree assault in court.
Because the third-degree assault is under class A misdemeanor, you have a one-year jail term if you are proven guilty with sufficient evidence. While you are sentenced to the jail term, you might also fall to a three-year probation term in jail.
New York Penal Code 120.00: Third-degree Assault
A person is guilty of the third-degree assault when:
1. They have the intention to cause a physical injury to another person. He, in fact, causes that injury to the person or the third part.
2. He recklessly causes physical harm or injury to the person.
3. He causes physical injury, with criminal negligence, to another person with a dangerous instrument or deadly weapon.
NYC Criminal Lawyers
While the third-degree assault is a misdemeanor offense under the New York Penal Code, there are serious conviction consequences. If you do not have the necessary defense on your side, you may end up spending a year in jail away from your friends and family. Once you are back, your life will never be the same again. You will face it with a criminal record. However, certain defenses can cause the third-degree assault charge be dropped, acquitted or reduced. The staff at the nyc criminal attorneys Law Firm has many years of successful criminal representation defending clients in criminal courts in New York charged with felonies or misdemeanors. Some of the charges they represent their clients with include reckless endangerment, menacing, second degree, rape, stalking, and child endangerment. Please contact our office to schedule a free consultation with an NYC criminal attorney concerning your criminal case.