Assault Defense
New York Penal Law 120.10 Assault in the First Degree Lawyer
Lebedin Kofman LLP defends clients facing New York Penal Law 120.10 allegations in New York courts. These cases often turn on injury proof, intent, justification, medical records, photographs, video, property value, witness credibility, and whether prosecutors can prove the exact statutory theory they charged.
What Prosecutors Must Prove
Using the New York statutory framework and the Criminal Jury Instructions approach, prosecutors must prove each required element beyond a reasonable doubt. For this charge, the core proof issues include:
- a first-degree assault theory under Penal Law 120.10;
- serious physical injury or another statutorily required injury result;
- intent, depraved indifference, or felony-assault proof depending on the subdivision;
- proof of any weapon, dangerous instrument, or course-of-conduct requirement.
The defense should test the charge element by element. A serious accusation, a complainant statement, or a police report does not prove the required injury, intent, value, statutory aggravator, or identity beyond a reasonable doubt.
How This Charge Can Come Up
First-degree assault is usually charged after severe injury allegations, weapon allegations, alleged permanent injury, or facts prosecutors treat as a high-exposure violent felony.
These cases can start with a 911 call, domestic incident report, hospital record, school report, store or building complaint, body-camera footage, surveillance video, photographs, text messages, or witness statements. Early legal work can preserve favorable evidence before it disappears.
Defense Issues
- Serious physical injury is not proven.
- Intent is not proven beyond a reasonable doubt.
- The case fits a lesser assault degree, if any.
- Self-defense or justification applies.
- Medical causation, identification, and witness credibility are contested.
Depending on the facts, the defense may involve medical-record review, photo and video analysis, witness investigation, suppression motions, expert consultation, valuation challenges, order-of-protection strategy, and negotiations aimed at dismissal, reduction, trial posture, or a non-criminal resolution where possible.
Sentencing and Collateral Consequences
Penal Law 120.10 Assault in the First Degree Lawyer carries Class B felony exposure. Beyond the criminal case, these allegations can affect employment, licensing, immigration, orders of protection, custody or family-court issues, school discipline, public reputation, and future background checks.
Why Contact Lebedin Kofman LLP
Russ Kofman and Lebedin Kofman LLP handle serious criminal allegations, domestic-related cases, violent-felony exposure, DWI and vehicular cases, Title IX matters, federal cases, and sensitive matters where reputation and career consequences matter. The firm works to identify weaknesses early and position cases for dismissal, reduction, trial, or strategic resolution.
Before choosing a defense lawyer, review the firm’s client feedback, representative matters, and Russ Kofman’s profile.
Why People Call Lebedin Kofman LLP
When a criminal allegation, DWI arrest, federal investigation, Title IX matter, or high-stakes accusation can affect your freedom, license, job, education, immigration status, or reputation, you should be able to speak with a defense lawyer quickly and get a clear plan.
- Speak with a lawyer about an arrest, investigation, court date, order of protection, license consequence, or federal exposure.
- Get early guidance before speaking with police, prosecutors, school investigators, insurers, agencies, or employers.
- Review defense options including dismissal, reduction, suppression issues, trial posture, negotiation strategy, and collateral consequences.
Related Pages
Frequently Asked Questions
Should I speak to police after an assault, strangulation, or criminal mischief allegation?
Speak with defense counsel first. Statements made early can become the evidence prosecutors rely on most.
Can these charges be reduced or dismissed?
That depends on the facts, but common issues include injury level, intent, self-defense, value, identification, admissibility, and whether prosecutors charged the correct degree.
Can an order of protection be changed?
Sometimes, but it depends on the court, facts, complainant position, risk assessment, and procedural posture. Counsel can address modification strategy where appropriate.
Contact
If you are under investigation or charged, early legal strategy can affect the direction of the case.
Source basis: NY Senate Penal Law 120.10; NY Courts CJI Article 120 framework. Prior results do not guarantee a similar outcome. Every case is unique and must be evaluated on its own facts and circumstances.