NY Penal Law § 120.09: Assault on a judge

Assault is the crime of using violence against another person and as a result injuring that person. When you assault certain officials such as judges you will face a more serious assault charge, and if you are convicted you will face a harsher penalty than if you assaulted someone who is not an official. Under New York Penal Code § 120.09, you will have committed the crime of assault on a judge if you intentionally cause serious physical injury to a judge and by doing so prevent the judge from performing his or her official duties. For the purposes of this offense a judge is defined as a judge of a court of record or a justice court. Examples of justice courts include town or village courts, traffic courts, or criminal courts.

A judge sentenced a defendant to the maximum possible sentence for a stalking in the first degree charge. The defendant's mother was in the courtroom at the time of the sentencing and was visibly distraught. Before the judge could leave the bench the defendant's mother ran up to him and stabbed him in the arm with a pen. The judge's arm started to bleed. However, the judge did not require hospitalization. The mother's actions would not be considered assault on a judge since the judge did not suffer a serious injury. However, the mother would like face other assault charges.

1. Assault in the second degree: New York Penal Code § 120.05
2. Assault on a peace officer, police officer, fireman or emergency medical services professional: New York Penal Code § 120.08
3. Aggravated assault upon a police officer or a peace officer: New York Penal Code § 120.11

To be convicted of assault on a judge, the judge-victim must have suffered a serious physical injury. If the injury was minor, then a charge for assault on a judge would not be proper. Examples of injuries that a court would probably consider serious include a traumatic brain injury, a gunshot wound that damaged a major organ, or a knife wound that left a noticeable, permanent scar.

Assault on a judge is a class C felony as well as a violent felony offense. If convicted the maximum possible prison sentence is 15 years. You will face at least 3 1/2 years in prison as a sentence of just probation is not an option. Furthermore, you may also be ordered to pay a fine as well as restitution.

A person is guilty of assault on a judge when, with intent to cause serious physical injury and prevent a judge from performing official judicial duties, he or she causes serious physical injury to such judge. For the purposes of this section, the term judge shall mean a judge of a court of record or a justice court.

Being convicted of assaulting a judge carries heavy penalties, a permanent criminal record, and long-lasting personal and professional consequences. For these reasons if you have been arrested and charged with assaulting a judge it is important to immediately contact someone who is familiar with the New York criminal court system. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.