PL 120.10 · Article 120
Assault in the First Degree
First-degree assault includes four alternative forms involving serious injury with a weapon, specified permanent disfigurement or bodily damage, depraved-indifference recklessness, or serious injury connected to a felony. The prosecutor must prove all requirements of the applicable alternative beyond a reasonable doubt, rather than proving all four alternatives together.
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PL 120.10 · Original statutory wording; excerpts must be read together with the full section.
§ 120.10 Assault in the first degree.A person is guilty of assault in the first degree when:1. With intent to cause serious physical injury to another person, hecauses such injury to such person or to a third person by means of adeadly weapon or a dangerous instrument; or2. With intent to disfigure another person seriously and permanently,or to destroy, amputate or disable permanently a member or organ of hisbody, he causes such injury to such person or to a third person; or3. Under circumstances evincing a depraved indifference to human life,he recklessly engages in conduct which creates a grave risk of death toanother person, and thereby causes serious physical injury to anotherperson; or4. In the course of and in furtherance of the commission or attemptedcommission of a felony or of immediate flight therefrom, he, or anotherparticipant if there be any, causes serious physical injury to a personother than one of the participants.Assault in the first degree is a class B felony.Read the full section at the New York State SenateIn everyday language
First-degree assault includes four alternative forms involving serious injury with a weapon, specified permanent disfigurement or bodily damage, depraved-indifference recklessness, or serious injury connected to a felony. The prosecutor must prove all requirements of the applicable alternative beyond a reasonable doubt, rather than proving all four alternatives together.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- These four routes are alternatives, not cumulative requirements; the prosecutor must prove the applicable route beyond a reasonable doubt.
- Alternative 1: The person accused intended serious physical injury to another person and caused serious physical injury to that person or a third person by a deadly weapon or dangerous instrument.
- Alternative 2: The person accused intended to disfigure another person seriously and permanently, or to destroy, amputate, or permanently disable a bodily member or organ, and caused the corresponding injury to that person or a third person.
- Alternative 3: Under circumstances showing depraved indifference to human life, the person accused recklessly engaged in conduct creating a grave risk of death to another person and thereby caused serious physical injury to another person.
- Alternative 4: In the course of and in furtherance of committing or attempting a felony, or immediate flight from it, the person accused or another participant caused serious physical injury to someone who was not a participant.
Defenses that commonly apply
- Do medical and other records establish serious physical injury or the specific disfigurement, destruction, amputation, or permanent disability required by the alleged alternative?
- Does the evidence establish the required intent or, for the reckless alternative, depraved indifference and a grave risk of death?
- Does the evidence establish the alleged weapon's role, or, for the felony alternative, the felony connection, causation by a participant, and the injured person's nonparticipant status?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
A violent felony offense. Twenty-five years is the ordinary maximum; the case usually moves from a local arraignment to county court.
Common questions about your defense
Does the absence of a weapon defeat first-degree assault?
A deadly weapon or dangerous instrument is required for subdivision 1. If neither was used, that could challenge that alternative, but the other alternatives do not expressly require a weapon. The prosecutor must still prove every requirement of whichever alternative is alleged beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 120.05 · Class D Felony
PL 120.15 · Class B Misdemeanor
PL 120.14 · Class A Misdemeanor
PL 120.13 · Class E Felony
PL 120.20 · Class A Misdemeanor
PL 120.25 · Class D Felony
PL 120.03 · Class E Felony
PL 120.45 · Class B Misdemeanor
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