Assault (Penal Law Article 120) Group X: Brian

Assault First, I will define common terms Second I will break the following assault offenses into elements: Assault in the third degree (Penal Law § [1]) Assault in the second degree (Penal Law § [1]) (serious physical injury) Assault in the second degree (Penal Law § [2]) (deadly weapon or a dangerous instrument). Assault in the first degree (Penal Law § [1])

Assault Common Definitions Definitions pertaining to harm Physical Injury (Penal Law § [9]) Serious physical injury (Penal Law § [10]) Definitions pertaining to how: Deadly Weapon (Penal Law § [12]) Dangerous Instrument (Penal Law § [13])

Definitions (Harm) Physical Injury (Penal Law § [9]): impairment of physical condition or substantial pain

Definitions (Harm) Serious physical injury (Penal Law § [10]): physical injury which Creates a substantial risk of death, or Causes death or Causes serious and protracted disfigurement, protracted impairment of health or Causes protracted loss or impairment of the function of any bodily organ.

Assault Common Definitions (How) Deadly Weapon (Penal Law § [12]): any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.

Assault Common Definitions (How) Dangerous Instrument (Penal Law § [13]): any instrument, article or substance, including a “vehicle,” which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.

The Basic Offense: Assault in the Third Degree Statute (Penal Law § [1]): A person is guilty of assault in the third degree when with intent to cause physical injury to another person, he causes such injury to such person or to a third person.

The Basic Offense: Assault in the Third Degree Elements 1.The defendant caused physical injury 2.The defendant intended to cause physical injury

The Basic Offense: Assault in the Third Degree Elevators (from assault in the third degree to second and first degrees) Level of injury (physical injury to serious physical injury) The “how” (using a deadly weapon or dangerous instrument) Combination of elevators

Assault in the second degree Statute (Penal Law § [1]): A person is guilty of assault in the second degree when with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person.

Assault in the second degree Statute (Penal Law § [1]): A person is guilty of assault in the second degree when with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person. The elevator is the level of injury

Assault in the second degree Elements: 1.The defendant causes a serious physical injury 2.The defendant intended to cause a serious physical injury

Assault in the second degree Statute (Penal Law § [2]): A person is guilty of assault in the second degree when with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument.

Assault in the second degree Statute (Penal Law § [2]): A person is guilty of assault in the second degree when with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument. Elevator: How: The means by which the injury was caused

Assault in the second degree Elements 1.The defendant caused physical injury 2.The defendant caused physical injury by means of a deadly weapon or a dangerous instrument 3.The defendant intended to cause physical injury

Assault in the first degree Statute (Penal Law § [1]): A person is guilty of assault in the first degree when with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument.

Assault in the first degree Statute (Penal Law § [1]): A person is guilty of assault in the first degree when with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument. Elevator: Combination of Level of injury How: The means by which the injury was caused

Assault in the first degree Elements 1.The defendant caused serious physical injury 2.The defendant caused serious physical injury by means of a deadly weapon or a dangerous instrument 3.The defendant intended to cause serious physical injury

Any Questions?