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First Degree Assault in New York
Last Updated on: 10th February 2025, 01:00 am
FIRST DEGREE ASSAULT: A HIGH-STAKES CHARGE IN NEW YORK
First-degree assault is one of the most serious violent offenses in New York. It carries severe penalties, life-altering consequences, and the potential for extensive prison time. It’s a very serious charge, because physical assault is taken seriously.
AS SEEN IN HEADLINES
“Top NY Prosecutors Crack Down on First-Degree Assault Cases.”
What Exactly Is First-Degree Assault?
Under New York Penal Law § 120.10, anyone who commits assault in the first degree when they intentionally cause serious physical injury to another person by means of a deadly weapon or dangerous instrument, or when they act with depraved indifference to human life and risk causing grave harm. You can look at the exact statutory language on the New York State Senate website for a deeper legal breakdown. But this is something which is taken seriously, and prosecuted strongly.
WHY THIS CHARGE MATTERS
Being charged with first-degree assault is no trivial matter.
Regardless of your background, facing a Class B violent felony in New York can lead to consequences that echo for years.
PENALTIES YOU NEED TO KNOW
- Prison Sentences: First-degree assault is classified as a Class B violent felony. Convictions can carry up to 25 years in state prison. It can also result in other charges.
- Mandatory Minimums: Because this is a violent felony, judges often must impose mandatory minimum sentences. You can learn more about sentencing guidelines at NYCourts.gov.
- Fines and Restitution: Convictions of first degree assault may include steep fines, plus potential restitution to the victim.
- Criminal Record: A felony assault conviction pertaining to first degree assault will appear on background checks, making future employment, housing, and professional licensing extremely difficult. This can impact you for the rest of your life.
REGARDLESS OF THE SITUATION
Regardless of your prior record, we can help you.
Regardless of the specifics of the alleged incident – our law firm can handle it.
Regardless of how strong you think the evidence might be – there is a way out.
You still have rights—and there are paths to a defense. You just need the right legal counsel.
COMMON SCENARIOS LEADING TO A FIRST-DEGREE ASSAULT CHARGE
- Using a firearm, knife, or other weapon in a fight.
- Injuring someone so severely that it qualifies as “serious physical injury” (like permanent disfigurement, protracted impairment, or risk of death).
- Acting with depraved indifference to human life, meaning behavior that is so reckless it shows a blatant disregard for fatal outcomes.
EXPERIENCED. DEDICATED.
That’s what you need from your legal team.
Possible Penalties
- Minimum Incarceration: Five years (or more) for a first offense of a violent felony.
- Extended Probation: In some cases, if certain factors apply, the court might impose lengthy periods of supervision.
- Ongoing Consequences: Personal, financial, and social repercussions that follow you long after the court date ends.
WE CAN HELP YOU
Defending a first-degree assault charge isn’t easy, but it’s far from impossible. If you hire Spodek Law Group – we can show you the way. The process begins with a risk free consultation. Our team has over 50 years of combined experience navigating complex violent felony cases. We’ve seen the fear, the anxiety, the uncertainty—and we know the strategies that get results.
KEY DEFENSE STRATEGIES
- Challenging Intent
- Did you genuinely intend to cause the severe injury? Or was it an accident, misunderstanding, or mutual altercation? This can be the difference between criminal, and accidental.
- We analyze all witness statements, security footage, text messages—anything that shows lack of premeditation.
- Self-Defense or Defense of Others
- Were you protecting yourself or someone else from imminent harm?
- New York law allows for reasonable force in defense of a person. This can negate assault charges if we prove your actions were justified.
- Disputing “Serious Physical Injury”
- First-degree assault hinges on the severity of injury.
- If medical records show the injury doesn’t meet the threshold, the charge could be reduced or dismissed.
- Misidentification
- It’s possible eyewitnesses or alleged victims misidentified you.
- We scrutinize police lineups, cross-examine witnesses, and leverage experts to show you weren’t at the scene—or you weren’t the one who committed the assault.
- Improper Police Conduct
- If law enforcement violated your constitutional rights—like conducting an unlawful search/seizure—the resulting evidence could be thrown out.
- We dig through every detail, ensuring no procedural missteps gave the prosecution an unfair advantage.
SEEN ON MAJOR NEWS OUTLETS
We’ve handled high-profile matters and have been featured for our in-depth legal analysis.
WHAT SHOULD YOU DO IF CHARGED WITH FIRST-DEGREE ASSAULT?
- Remain Silent: Resist giving statements to police without legal counsel.
- Contact an Attorney Immediately: You need an experienced New York criminal defense lawyer who understands violent felony cases.
- Document Everything: Write down names of potential witnesses, gather any digital evidence that might show you acted in self-defense or that you weren’t present.
- Check Official Resources: Visit the New York City Official Website or the New York State Division of CriminalJustice Services to get general information about your rights and the criminal process.
OUR RHYTHM: PROTECT. DEFEND. WIN.
We protect your rights.
We defend your freedom.
We fight to win.
EXTRA LAYERS OF DEFENSE
- Expert Testimony: We can call upon ballistics experts, forensic specialists, or medical professionals to counter the prosecution’s evidence. Experts can be used to contradict the prosecutors case, add an element of doubt – which makes it so you are beyond a reasonable doubt.
- Negotiations for Lesser Charges: Sometimes the state lacks the evidence for a first-degree charge, and we successfully negotiate for a lower-level offense or alternative sentencing. This is something we often use as a way to get out of tough situations.
- Trial Readiness: If the prosecution won’t budge, we prepare meticulously for trial. Our cross-examinations, exhibits, and legal motions aim to introduce doubt and secure a not-guilty verdict.
WHY GET THE BEST DEFENSE?
Your future is at stake, your family, your kids, everyone – depends on you. A first-degree assault conviction can mean losing years of your life behind bars. It can mean a permanent criminal record that affects your career and family. You need someone who knows how to fight for you.
WE’VE DONE THIS BEFORE
We understand New York’s legal landscape. We’re not afraid of prosecutors, judges, or the complex statutes that define violent felonies. We have one priority: your best outcome.
FREQUENTLY ASKED QUESTIONS
Q: Can a first-degree assault charge be reduced to second-degree assault?
Yes, if the prosecution’s evidence doesn’t confirm serious physical injury or intent, or if mitigating factors exist, charges might be reduced against you.
Q: What is considered a “deadly weapon?”
Guns, knives, or any instrument capable of causing death/serious harm. Even everyday objects can qualify if used in a lethal manner. Deadly weapon can be vague.
Q: Could I face federal charges for assault?
Typically, assault in New York is prosecuted under state law. However, certain circumstances—like an assault on a federal officer—may trigger federal jurisdiction. For more on federal law, see the United States Department of Justice website. This can result to simultaneous federal and state charges.
YOUR NEXT STEP
If you or a loved one is facing first-degree assault charges in New York:
Contact a top-tier defense attorney.
Don’t wait for the system to overwhelm you.