How Many Years Can You Get for First-Degree Assault in New York?

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In four directly comparable completed Brooklyn first-degree assault cases reviewed for this guide, prison terms ranged from 9 to 10 years. A fifth case resulted in a 10-year overall term for first- and second-degree assault counts and is disclosed separately rather than used to set the range.

Quick Answer

  • Cases reviewed: 5 completed cases
  • Comparable cases used for range: 4
  • Lowest observed sentence: 9 years in prison
  • Highest observed sentence: 10 years in prison
  • Location: Brooklyn, one of New York City’s five boroughs
  • Official classification: First-degree assault, a class B violent felony

See the New York crime sentence hub, compare the city’s robbery sentence examples, and review our methodology and editorial standards.

What Does First-Degree Assault Mean in New York?

New York Penal Law §120.10 defines several forms of first-degree assault. They include specified conduct involving intent to cause serious physical injury with a deadly weapon or dangerous instrument, intent to cause permanent disfigurement or disabling injury, grave-risk conduct under circumstances showing depraved indifference, and serious injury caused during certain felonies. The exact subsection depends on the proven facts.

Statutory Penalties

First-degree assault is a class B violent felony. For a first-time violent felony offender, New York Penal Law §70.02 generally provides a determinate prison term of 5 to 25 years for a class B violent felony. Prior convictions and other sentencing rules can change the applicable range. The statutory range is separate from the selected observed outcomes below.

Real New York First-Degree Assault Case Outcomes

Case Circumstances Conviction Sentence
Kahlil Ivey Coney Island attempted carjacking injured four people First-degree assault, guilty plea 9 years
Roland Henegan Unprovoked stabbing at Jay Street subway station First-degree assault, guilty plea 10 years plus 5 years post-release supervision
Leonardo DeCouite Repeated serious abuse of a three-year-old child in Brownsville First-degree assault, guilty plea 10 years plus 5 years post-release supervision
Ricardo Brown Shooting during the West Indian Day Parade in Crown Heights First-degree assault, jury verdict 10 years plus 5 years post-release supervision
John Whichard Two Williamsburg store employees slashed First- and second-degree assault, jury verdict 10-year multi-count overall term; excluded from range

Case 1: Kahlil Ivey

Ivey pleaded guilty to first-degree assault after an attempted carjacking near Surf Avenue and West 15th Street in Coney Island. The incident injured four people, including a toddler, and one victim suffered a brain injury. The court imposed nine years in prison. Official source.

Case 2: Roland Henegan

Henegan pleaded guilty to first-degree assault for punching and repeatedly stabbing a man at the Jay Street subway station in Downtown Brooklyn. The victim required stitches and extensive treatment for facial and jaw injuries. Henegan received 10 years in prison and five years of post-release supervision. Official source.

Case 3: Leonardo DeCouite

DeCouite pleaded guilty to first-degree assault after repeatedly injuring his three-year-old son in Brownsville. The official release states that the child was left with limited use of one hand. The court imposed 10 years in prison and five years of post-release supervision. Official source.

Case 4: Ricardo Brown

A jury convicted Brown of first-degree assault for shooting a man during the West Indian Day Parade near Eastern Parkway in Crown Heights. The victim required surgery for a gunshot wound and other injuries. Brown received 10 years in prison and five years of post-release supervision. Official source.

Case 5: John Whichard

A jury convicted Whichard of first- and second-degree assault after two employees were slashed at a Williamsburg sporting-goods store. He received a 10-year prison term. Because the release does not allocate the overall term between the two assault counts, this case is labeled as a multi-count outcome and excluded from the observed range. Official source.

Why Were the Sentences Different?

The selected releases describe different injuries, weapons, victim circumstances, plea decisions, and trial outcomes. Four directly comparable cases fall within a narrow 9-to-10-year band, but this small public-reporting sample is not a citywide average and does not predict another case.

Lowest and Highest Observed Sentences

The lowest directly attributable term was nine years in Ivey. The highest directly attributable term was 10 years in Henegan, DeCouite, and Brown. Whichard’s 10-year multi-count outcome is disclosed but does not determine either endpoint.

Methodology

We used completed cases from Brooklyn, a New York City borough, and prioritized official Kings County District Attorney releases. Each case confirms the offense location, conviction, and final prison term. Only single first-degree assault conviction outcomes were used for the 9-to-10-year comparison; the multi-count case was excluded.

Sources

Disclaimer

General information only. Not legal advice. Sentencing depends on the conviction, criminal history, enhancements, plea terms, and facts of each case.

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