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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.

Related Offenses
1. First Degree Menacing: New York Penal Code 120:13
2. First-degree reckless endangerment: New York Penal Code 120:25

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko BeautyTaĂŻko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Defenses
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.

Sentence
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.

Examples
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.

Related offences
1. Second-degree menacing: New York Penal Code 120:14
2. Second-degree reckless endangerment: New York Penal Code 120:20

Defenses
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.

Sentence
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.

New York Penal Code 120.05: Assault in the second Degree

Second-degree assault is one of the numerous assaults offenses under the criminal code of New York. You may face a charge under seven different circumstances. Under the New York Penal Code 120.05, you may be accused of assault in the second degree if you:
1. Assault another individual with the intention causing a grievous injury, and you cause a serious physical injury to the person or third party.
2. Assault another person with a dangerous instrument or a deadly weapon with the intention of causing injury to the person and in fact injuring the person or third party.
3. Assault of an official such as a train operator or a peace officer to prevent them from properly performing their duties.
4. Recklessly causing a serious physical injury with a dangerous instrument or deadly weapon.
5. Intentionally causing another person to become physically or unconsciously impaired by administering a drug without their conscience.
6. While you were in the course of committing a felony, you injure another person.
7. Are 18 years old, and injure an 11-year-old or below child intentionally or recklessly.

This is a Class D felony.

Examples
For instance, a man uses a knife to cause a 16-inch deep wound on another’s abdomen. In another similar case, a man punches another woman to cause her fall on a wall and get a deep wound. She suffered deep wounds that were treated in a life support machine. In both cases, these men would be convicted of second-degree assault based on the intention to cause a physical harm to another person, in fact, thy succeeded in causing the harm.

Related offenses
1. Second Degree Menacing: New York penal code 120:14
2. Second-degree reckless endangerment: Penal Code 120: 20

Defenses
A second-degree assault charge is based on the action of seriously injuring a person. Under the New York Penal Code 10:00, a serious physical injury has many definitions. If the prosecutor proves that the injury wasn’t severe, then the defense is valid against the second-degree charges.

New York has a statute for justification that gives you a choice to use physical force to protect yourself against impending harm. If you injured that person while protecting yourself against an impending harm, then you can defend yourself against the assault charge.

Sentence
Second-degree assault belongs to the Class D felony. A seven-year prison term is valid for this charge. Because the second-degree assault is classified under the violent felony, a two-year prison term can be imposed to the person by the judge. For a second-degree conviction assault conviction, you can face a two-year prison sentence combined with a $5,000 fine.

The prosecutor may request, as part of the criminal process, that the judge grants a criminal protection order in court to order you to stay away from the victim.

New York Penal Code 120.05: Second Degree Assault
A person is guilty of the second-degree assault when:
1. With intent to cause serious injury to another person, in fact causing that injury to the person or third party. Or,
2. With the intention to cause physical injury to another person, he causes the injury by using a dangerous instrument t or deadly weapon.
3. With intent to prevent a police officer, a peace officer, a prosecutor as defined in the New York Second degree assault penal code.

NYC Criminal Attorneys
It is a serious charge to be arrested for assault. Many aspects of your life will change forever if you are convicted. However, there are many aspects of a second-degree assault that a lawyer can use to defend you. It is important to contact our NYC criminal attorney if you are arrested for assault. The lawyers in our law firm have many years of legal experience to give you the ultimate representation service you need.

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