New York Consolidated Laws

N.Y. Penal Law § 120.08 (2026)

Assault on a peace officer, police officer, firefighter or emergency medical services professional

✓ current as of May 2026

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§ 120.08 Assault on a peace officer, police officer, firefighter or
           emergency medical services professional.
  A person is guilty of assault on a peace officer, police officer,
firefighter or emergency medical services professional when, with intent
to prevent a peace officer, police officer, a firefighter, including a
firefighter acting as a paramedic or emergency medical technician
administering first aid in the course of performance of duty as such
firefighter, or an emergency medical service paramedic or emergency
medical service technician, from performing a lawful duty, he or she
causes serious physical injury to such peace officer, police officer,
firefighter, paramedic or technician.
  Assault on a peace officer, police officer, firefighter or emergency
medical services professional is a class C felony.

Notes of Decisions

Cited in 25 cases (3 in the last 5 years), 1999–2024 · leading case: Jackson v. City of New York, 939 F. Supp. 2d 235 (E.D.N.Y 2013).

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Jackson v. City of New York, 939 F. Supp. 2d 235 (E.D.N.Y 2013). · cites it 2× “” N.Y. Pen. L. § 120.08 . There are genuine disputes as to both elements of this offense: (i) whether Plaintiff intended to prevent Defendants from performing their lawful duty (as discussed supra, there is a question of fact as to whether Defendants were engaged in a lawful…”

People v. Hurdle, 106 A.D.3d 1100 (N.Y. App. Div. 2013). · cites it 2× “Also preserved for appellate review, contrary to the People’s contention, is the issue of the legal sufficiency of the evidence establishing the “lawful duty” element of the crime of assault on a police officer, and here, too, even viewed in the light most favorable to the…”

People v. McCray, 96 A.D.3d 1160 (N.Y. App. Div. 2012). · cites it 2× “41, * defendant intentionally attempted to prevent the trooper from performing that duty and the trooper *1161 was seriously injured as a result (see Penal Law § 120.08), he was nevertheless improperly convicted of assault on a police officer because applying that strict…”

People v. Nunez, 120 A.D.3d 714 (N.Y. App. Div. 2014). · cites it 3× “However, the Supreme Court should have submitted a justification charge to the jury with respect to the crime of assault on a police officer under Penal Law § 120.08, as charged in count ten of the indictment.”

People v. Phillip, 279 A.D.2d 802 (N.Y. App. Div. 2001). “15 [3] [c]; [6] [a]) whether the trial evidence was legally sufficient to support County Court’s implicit finding that defendant *803 caused Trombley serious physical injury, an essential element of the crime of assault on a peace officer (Penal Law § 120.08). Viewing the…”

People v. Bouwens, 128 A.D.3d 1393 (N.Y. App. Div. 2015). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, assault on a police officer (Penal Law § 120.08). The charges against defendant arose out of his actions incident to his arrest for a parole violation, during which a sergeant of…”

People v. Clark, 42 A.D.3d 957 (N.Y. App. Div. 2007). “Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of assault on a peace officer (Penal Law § 120.08) and assault in the second degree (§ 120.”

People v. Hutchinson, 57 A.D.3d 565 (N.Y. App. Div. 2008). “Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the defendant caused serious physical injury to the police officer identified in…”

People v. Harmon, 264 A.D.2d 941 (N.Y. App. Div. 1999). “05 [1], *942 [2], [3], [7]) and one count of assault on a peace officer (see, Penal Law § 120.08). Following a jury trial at which defendant testified, he was convicted of six counts of assault in the second degree and one count of attempted assault in the second degree.”

People v. Booker, 111 A.D.3d 759 (N.Y. App. Div. 2013). “In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt with respect to that crime (see Penal Law §§ 120.08,…”

Searles v. Pompilio, 652 F. Supp. 2d 432 (S.D.N.Y. 2009). “Y, Penal Law § 120.08 (McKinney 2001). B. Legal Analysis Pompilio concedes that “there is a factual dispute as to what occurred once Plaintiff entered the courtroom.”

People v. Smith, 48 A.D.3d 1095 (N.Y. App. Div. 2008). “Finally, we note that the certificate of conviction incorrectly reflects that defendant was convicted of two counts of assault on a peace officer (Penal Law § 120.08), and it must therefore be amended to reflect that he was convicted of two counts of assault in the second degree…”

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