PL 120.10 · Article 120
Assault in the First Degree
First-degree assault involves the most serious harm — intentionally causing serious physical injury with a deadly weapon or dangerous instrument, causing a permanent injury, or acting with depraved indifference to human life.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- You caused the injury the charged subsection requires, usually serious physical injury.
- For the weapon subsection, you intended serious physical injury and caused it with a deadly weapon or dangerous instrument.
- Other subsections require intent to cause a specified permanent injury, or reckless conduct creating a grave risk of death showing depraved indifference to life.
Defenses that commonly apply
- The medical evidence does not establish serious or permanent injury.
- The required intent or depraved-indifference circumstances cannot be proved.
- The alleged object is not a deadly weapon or dangerous instrument.
- Your use of force was justified.
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to 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.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
Related practice areas
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