Aim: How does NYS classify Assault? Lesson 22 Aim: How does NYS classify Assault?

Lesson 22 120.00 - Assault in the third degree. 120.01 - Reckless assault of a child by a child day care provider. 120.02 - Reckless assault of a child. 120.03 - Vehicular assault in the second degree. 120.04 - Vehicular assault in the first degree. 120.04A - Aggravated vehicular assault. 120.05 - Assault in the second degree. 120.06 - Gang assault in the second degree. 120.07 - Gang assault in the first degree. 120.08 - Assault on a peace officer, police officer, fireman or emergency medical services professional. 120.09 - Assault on a Judge (New 2012). 120.10 - Assault in the first degree. 120.11 - Aggravated assault upon a police officer or a peace officer. 120.12 - Aggravated assault upon a person less than eleven years old. 120.13 - Menacing in the first degree. 120.14 - Menacing in the second degree.

Lesson 22 120.15 - Menacing in the third degree. 120.16 - Hazing in the first degree. 120.17 - Hazing in the second degree. 120.18 - Menacing a police officer or peace officer. 120.20 - Reckless endangerment in the second degree. 120.25 - Reckless endangerment in the first degree. 120.30 - Promoting a suicide attempt. 120.35 - Promoting a suicide attempt; when punishable as attempt to commit murder. 120.40 - Definitions. 120.45 - Stalking in the fourth degree. 120.50 - Stalking in the third degree. 120.55 - Stalking in the second degree. 120.60 - Stalking in the first degree. 120.70 - Luring a child.

Requirement for an Assault Charge Lesson 22 Requirement for an Assault Charge To be charged with Assault; you MUST HAVE SOME TYPE OF PHYSICAL INJURY.

120.00 Assault in the third degree. A person is guilty of this when: Lesson 22 120.00 Assault in the third degree. A person is guilty of this when: 1. With Intent to cause Physical Injury; he/she causes such injury to such person or to a third person; or 2. He/she Recklessly causes Physical Injury to another person; or 3. With Criminal Negligence, he/she causes Physical Injury to another person by means of a deadly weapon or a dangerous instrument. Class A misdemeanor.

120.05 Assault in the second degree. A person is guilty of this when: Lesson 22 120.05 Assault in the second degree. A person is guilty of this when: 1. With Intent to cause Serious Physical Injury to another person, he/she causes such injury; or 2. With Intent to cause Physical Injury to another person, he/she causes such injury by means of a deadly weapon or a dangerous instrument; or 3. With Intent to prevent a police officer, peace officer, fireman, paramedic, emergency medical technician, or hospital worker from administering first aid, he/she causes a Physical Injury to such person; or …

Lesson 22 4. He/she Recklessly causes Serious Physical Injury to another person by means of a deadly weapon or a dangerous instrument; or 5. For a purpose other than lawful medical or therapeutic treatment, he/she intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering without consent a drug, substance or preparation causing such; or 6. In the course of and in furtherance of the commission or attempted commission of a felony causes Physical Injury to a person other than one of the participants; or 7. While in jail or prison, he/she cause a Physical Injury to another; or

Lesson 22 8. Being eighteen years old or more and with Intent to cause Physical Injury to a person less than eleven years old, the defendant Recklessly causes Serious Physical injury; or 9. Being eighteen years old or more and with Intent to cause Physical Injury to a person less than seven years old, the defendant causes such injury; or 10. On school grounds and with intent to cause Physical Injury, he/she: (a) causes Physical Injury to an employee of a school or public school district; or (b) not being a student of such school or public school district, causes Physical Injury to another, and such other person is a student of such; or…

Lesson 22 11. With Intent to cause Physical Injury to a train operator, ticket inspector, conductor or bus operator employed by a public or private transit company, he/she causes Physical Injury to such. Class D felony

Lesson 22 120.10 Assault in the first degree. A person is guilty of assault in the first degree when: 1. With Intent to cause Serious Physical Injury to another person, he causes such injury by means of a deadly weapon or a dangerous instrument; or 2. With Intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury; or 3. Under circumstances evincing a depraved indifference to human life, he Recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes a Serious Physical Injury; or 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight there from, he/she, causes Serious Physical Injury to a person other than one of the participants. Class B felony.

Lesson 22 120.07 Gang assault in the first degree. A person is guilty of this when: With Intent to cause Serious Physical Injury to another person and when aided by two or more other persons actually present, he/she causes Serious Physical Injury to such person or to a third person. Class B felony.

120.02 Reckless assault of a child. A person is guilty of this when: Lesson 22 120.02 Reckless assault of a child. A person is guilty of this when: Being eighteen (18) years of age or more, such person Recklessly causes Serious Physical Injury to the brain of a child less than five (5) years old by shaking the child, or by slamming or throwing the child so as to impact the child’s head on a hard surface or object. SERIOUS PHYSICAL INJURY TO THE BRAIN means impairment of a person’s brain which creates a substantial risk of death. Class D felony.

Lesson 22 120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional. A person is guilty of this when: With Intent to prevent them from doing their lawful duty, he causes Serious Physical Injury to such person. Class C felony.

Lesson 22 120.11 Aggravated assault upon a police officer or a peace officer. A person is guilty of this when: With Intent to cause Serious Physical Injury to 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. Class B felony.