Felonious Assault in New York

Assault is graded under Penal Law Article 120 by the seriousness of the injury, the use of a weapon, the identity of the victim, and the mental state of the accused.

• Assault in the third degree (PL § 120.00). Class A misdemeanor. Intent to cause physical injury and physical injury results, or reckless infliction of physical injury, or criminal negligence with a weapon.
• Assault in the second degree (PL § 120.05). Class D violent felony. Use of a deadly weapon or dangerous instrument, serious physical injury, assault on a peace officer or other protected category.
• Assault in the first degree (PL § 120.10). Class B violent felony. Serious physical injury with a deadly weapon, depraved indifference, or in the course of a felony.
• Aggravated assault (PL § 120.07 through 120.13). Adds protected-class enhancements (police, EMTs, judges, children under 11).

Defenses

• Justification. Penal Law Article 35 provides defenses for self-defense, defense of a third person, and defense of premises. The prosecution must disprove justification beyond a reasonable doubt once it is raised.
• Lack of physical injury or serious physical injury. The statutory definitions matter. "Substantial pain," "impairment of physical condition," "protracted impairment of health" — the case can move grades based on the medical proof.
• Identification. Bar-fight cases, street-fight cases, and protest cases routinely turn on who threw what. Video and witness work are central.
• Mens rea. Intentional, reckless, and depraved-indifference assault are different crimes. A misread of the defendant's state of mind can mean the wrong charge.

Orders of Protection

Assault cases produce temporary orders of protection at arraignment. The order can include "stay-away" terms that lock you out of your home, your job, or your children's school. We move quickly to seek modification of overbroad orders.

If you have been charged with felonious assault, call us at 212-233-1233 or email email@goodwindefense.com.