N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Assault and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 120.11 (2026)

Aggravated assault upon a police officer or a peace officer

✓ current as of May 2026
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§ 120.11 Aggravated assault upon a police officer or a peace officer.
  A person is guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical injury to a
person whom he knows or reasonably should know to be a police officer or
a peace officer engaged in the course of performing his official duties,
he causes such injury by means of a deadly weapon or dangerous
instrument.
  Aggravated assault upon a police officer or a peace officer is a class
B felony.
Notes of Decisions
Cited in 31 cases (6 in the last 5 years), 1986–2025 · leading case: People v. Ford, 2017 NY Slip Op 9202 (N.Y. App. Div. 2017).
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People v. Ford, 2017 NY Slip Op 9202 (N.Y. App. Div. 2017). · cites it 2× “dangerous instrument” (Penal Law § 120.11). As relevant to these charges, “serious physical injury” is defined as physical injury which causes “protracted impairment of health” (Penal Law § 10.”
People v. Plunkett, 971 N.E.2d 363 (NY 2012). · cites it 2× “Defendant challenges his conviction for aggravated assault upon a police officer or a peace officer (Penal Law § 120.11), an element of which is the assailant’s use of a deadly weapon or dangerous instrument.”
People v. Bullock, 75 A.D.3d 1148 (N.Y. App. Div. 2010). · cites it 2× “the judgment so appealed from is modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Chautauqua County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment…”
People v. Glanda, 18 A.D.3d 956 (N.Y. App. Div. 2005). “dangerous instrument” (Penal Law § 120.11). Defendant argues that the trial evidence is insufficient to establish that defendant intended to cause serious physical injury, that the officer was not engaged in performing his official duties and that no serious *958 physical injury…”
People v. Casado, 99 A.D.3d 1208 (N.Y. App. Div. 2012). “Thus, counts one and two required the People to prove that defendant intended to cause death and serious physical injury to Officer Hickey, respectively (see Penal Law §§ 120.11, 125.26 [1] [a] [i]).”
People v. Reed, 115 A.D.3d 1334 (N.Y. App. Div. 2014). “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of aggravated assault upon a police officer or a peace officer (Penal Law § 120.11) and two counts each of burglary in the first degree (§ 140.”
People v. Hu-Fu Lin, 169 Misc. 2d 689 (N.Y. Sup. Ct. 1996). · cites it 3× “) It alleges that the two defendants, acting as accessories, intentionally aided a third defendant, Mo Tang, to cause serious physical injury to Detective Michael Johnson, known by them to be a police officer performing his duties, by slashing him with a dangerous instrument.”
Cross v. Perez, 823 F. Supp. 2d 142 (E.D.N.Y 2011). “Under the attorneys’ and the court’s view, the New Jersey assault conviction qualified as a predicate felony because it is analogous to N.Y. Pen. L. § 120.11 , “Aggravated Assault on a Police Officer or Peace Officer” (the “New York assault statute”).”
Brown v. Keane, 229 F. Supp. 2d 298 (S.D.N.Y. 2002). “1989) (record contained sufficient evidence to support conviction for attempted aggravated assault upon a police officer where defendant struggled with officer, grabbed officer’s service revolver, and attempted to fire weapon)). However, none of the cases cited by respondents,…”
People v. Melvin, 128 A.D.2d 647 (N.Y. App. Div. 1987). “As the People concede in their brief, the crime of attempted assault in the second degree charged under Penal Law § 120.”
People v. Nezaj, 139 Misc. 2d 366 (N.Y. Sup. Ct. 1988). · cites it 2× “He argues that that omission suggests that the Legislature intended to exclude them as subjects of aggravated assault (Penal Law § 120.11), and moves to dismiss counts 4, 5 and 6, which charge violations of section 120.”
People v. Van Buren, 213 A.D.2d 504 (N.Y. App. Div. 1995). “At the time the defendant was *505 tried, aggravated assault upon a police officer required a firearm (see, Penal Law § 120.11). Murder in the first degree did not (see, Penal Law § 125.”
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