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When constitutes first-degree assault in New York?

| Mar 11, 2016 | Criminal Defense |

There are various degrees of assault in New York and various types of assault, such as vehicular assault and gang assault. Today we are going to examine the elements of first-degree assault in New York.

Per New York penal code section 120.10, first-degree assault occurs under a number of circumstances. One circumstance that could lead to a charge of first-degree assault is if a person intentionally means to seriously injure a second person and in fact causes such injury through the use of a deadly weapon or another instrument that is considered to be dangerous.

A second situation that could lead to a charge of first-degree assault is if a person intentionally means to cause another person to become both permanently and seriously disfigured and in fact causes such injury.

In addition, if a person shows a “depraved indifference” to the life of another, commits acts that are reckless and cause a grave risk that an individual could die and in fact does cause a person to become seriously injured, this could lead to a charge of first-degree assault.

Finally, a person could be charged with first-degree assault if he or she is in the process of attempting to commit a felony, is actually committing a felony or is immediately fleeing from a felony crime and causes a person who was not involved in the alleged crime to become seriously injured.

In the state of New York, first-degree assault is considered a felony crime, specifically a class B felony. As such, these charges need to be taken very seriously. New York criminal defense attorneys can advise individuals accused of first-degree assault as to the elements of such crimes and their right to defend against such charges.

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