Assault: Penal Law Section 120

In the State of New York and specifically in Nassau County, Suffolk County, Queens, Brooklyn and Manhattan, a person can be charged with Assault as either a misdemeanor or a felony and it can range from an “A” misdemeanor to a “B” felony. In determining which to charge, the police will consider several variables, including the type and severity of the injury, whether a weapon was used and the mental state of the defendant at the time of the offense (eg: knowingly, intentionally, recklessness, negligently).

At Mazzei & Polk, LLC we have many years of experience in handling all types of assault cases and we will use our experience to effectively evaluate your case and pursue every avenue of defense on your behalf.

New York State Penal Law Sections involving assault and related offenses:

  • 120.00: Assault in the third degree – A MISDEMEANOR
  • 120.18: Menacing a police officer or peace officer- D FELONY
  • 120.12: Aggravated assault upon a person less than eleven years old – E FELONY
  • 120.11: Aggravated assault upon a police officer or a peace officer – B FELONY
  • 120.04-A: Aggravated vehicular assault – C FELONY
  • 120.10: Assault in the first degree – B FELONY
  • 120.05: Assault in the second degree – D FELONY
  • 120.09: Assault on a judge-C FELONY
  • 120.08: Assault on a peace officer, police officer, fireman – C FELONY
  • 120.40: Assault on an emergency medical services professional – C FELONY
  • 120.07: Gang assault in the first degree – B FELONY
  • 120.06: Gang assault in the second degree – C FELONY
  • 120.16: Hazing in the first degree – A MISDEMEANOR
  • 120.17: Hazing in the second degree -VIOLATION
  • 120.70: Luring a child – E FELONY
  • 120.13: Menacing in the first degree – E FELONY
  • 120.14: Menacing in the second degree – A MISDEMEANOR
  • 120.15: Menacing in the third degree – A MISDEMEANOR
  • 120.30: Promoting a suicide attempt – E FELONY
  • 120.35: Promoting a suicide attempt; when punishable as attempt to commit murder
  • 120.01: Reckless assault of a child by a child day care provider- E FELONY
  • 120.02: Reckless assault of a child- D FELONY
  • 120.25: Reckless endangerment in the first degree – D FELONY
  • 120.20: Reckless endangerment in the second degree – A MISDEMEANOR
  • 120.60: Stalking in the first degree – D FELONY
  • 120.45: Stalking in the fourth degree – B MISDEMEANOR
  • 120.55: Stalking in the second degree – E FELONY
  • 120.50: Stalking in the third degree – A MISDEMEANOR
  • 120.04: Vehicular assault in the first degree – D FELONY
  • 120.03: Vehicular assault in the second degree – E FELONY

Click here for information regarding potential sentences.