BRONX, NY – Assault in the First Degree under New York Penal Law Section 120.10 is the most severe assault charge in the state, carrying a mandatory minimum of five years in prison and a maximum of twenty-five years for first-time offenders. Bronx domestic violence attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/assault-first-degree-pl-120-10-domestic-violence/) outlines the four ways prosecutors can charge first-degree assault in a domestic setting and the legal definitions that determine whether each subsection applies.
According to Bronx domestic violence attorney David Mejia Colgan, Penal Law Section 120.10 sets out four distinct ways a person can be charged with first-degree assault. Subsection (1) requires intent to cause serious physical injury and actual causation of such injury through use of a deadly weapon or dangerous instrument. Subsection (2) requires intent to cause permanent disfigurement or to destroy, amputate, or permanently disable a body part, with the injury actually occurring. Subsection (3) covers conduct showing depraved indifference to human life that creates a grave risk of death and results in serious physical injury. Subsection (4) applies when serious physical injury occurs to someone other than a participant during the commission, attempted commission, or immediate flight from a felony.
Bronx domestic violence attorney David Mejia Colgan notes that the relationship between the accused and the alleged victim does not change the elements of the offense, but it can affect how the case is processed. Domestic assault matters in the Bronx are typically arraigned in Bronx Criminal Court, where a temporary order of protection is issued, and felony cases proceed through the Bronx County Supreme Court at 265 East 161st Street. “Each subsection requires proof of a specific mental state, and understanding the differences between these four paths is critical to building an effective defense,” Mejia Colgan explains.
Attorney Mejia Colgan adds that the legal definition of “serious physical injury” under Penal Law Section 10.00(10) is one of the most contested elements in any felony assault case. The statute requires injury that creates a substantial risk of death, causes death, or results in serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of a bodily organ’s function. The word “protracted” is key, distinguishing serious physical injury from ordinary physical injury under Penal Law Section 10.00(9), which only requires impairment of physical condition or substantial pain.
The firm regularly addresses the difference between a “deadly weapon” and a “dangerous instrument” under New York law. A deadly weapon under Penal Law Section 10.00(12) refers to a specific statutory list including loaded firearms, daggers, billies, blackjacks, and certain knives. A dangerous instrument under Penal Law Section 10.00(13) is much broader and depends on context, encompassing any object that, in the manner used, is readily capable of causing death or serious physical injury. New York courts have applied this definition to ordinary household items including kitchen knives, heavy pans, bottles, and motor vehicles.
The firm represents individuals throughout the Bronx and the greater New York City area in felony assault matters. Defenses to a first-degree assault charge may include justification under Penal Law Section 35.15, where the accused reasonably believed force was necessary to defend against the imminent use of unlawful physical force. Other defenses include challenging whether the injuries actually meet the legal definition of serious physical injury, disputing the weapon or dangerous instrument classification, and presenting evidence that the accused did not have the specific intent required under subsections (1) or (2).
“Domestic violence cases sometimes involve allegations influenced by custody disputes, divorce proceedings, or other personal conflicts,” Mejia Colgan emphasizes. “A thorough investigation into the circumstances and the credibility of the accusations is often a central part of the defense.”
A first-degree assault conviction is classified as a Class B violent felony and cannot be sentenced through probation or a conditional discharge. A determinate prison sentence is mandatory under Penal Law Section 70.02. Second violent felony offenders face an enhanced minimum of ten years, and persistent violent felony offenders face twenty years to life. Convictions also include up to $5,000 in fines, mandatory surcharges, restitution, post-release supervision of 2.5 to 5 years for a Class B violent felony, and a final order of protection.
For those facing first-degree assault charges in a domestic context, the firm provides direct representation from arraignment through resolution, evaluating the evidence and identifying the defense strategies that may apply.
About David Mejia Colgan, Esq.:
David Mejia Colgan, Esq. is a Bronx-based criminal defense practice focused on domestic violence, criminal, and matrimonial matters. Led by attorney David Mejia Colgan, a former Bronx Assistant District Attorney with more than 30 years of experience, the firm represents clients throughout the Bronx and the greater New York City area, including Westchester, Rockland, Orange, Putnam, Nassau, and Suffolk counties. For consultations, call (718) 484-8820
Email: david.m.colgan@gmail.com
Media Contact
Name
David Mejia Colgan, Esq.
Contact name
David Mejia Colgan
Contact phone
(718) 484-8820
Contact address
910 Grand Concourse Suite 1F
City
Bronx
State
NY
Zip
10451
Country
United States
Url
https://dmclawny.com/
