Assault Penal Article 120 Final

Assault in the third degree Penal Law § 120.00 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; or He recklessly causes physical injury to another person; or With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor.

Assault in the second degree (Penal Law § 120.05) 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; or 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; or He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the second degree is a class D felony.

Assault in the First Degree (Penal Law § 120.10) 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; or 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 to such person or to a third person; or

Assault in the First Degree (Penal Law § 120.10), continued 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 serious physical injury to another person; or In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants. Assault in the first degree is a class B felony.

Common Definitions: Intent (Penal Law § 15.05 [1]) requires a conscious objective or purpose to cause such result or to engage in such conduct.

Common Definitions: Reckless (Penal Law § 15.05 [3]) engages in conduct which creates or contributes to a substantial and unjustifiable risk that physical injury to another person will occur when he or she is aware of and consciously disregards that risk, the degree of risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

Common Definitions: Criminal Negligence (Penal Law § 15.05 [4]) when he or she fails to perceive a substantial and unjustifiable risk that such result will occur or that circumstance exists. the failure to perceive such risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Common Definitions Physical Injury (Penal Law § 10.00 [9]) defined as impairment of physical condition or substantial pain

Common Definitions Substantial Pain (People v Chiddick, 8 NY3d 445 [2007]) does not have to be severe or intense more than slight or trivial pain victim sought medical treatment (indication that pain is significant) victim’s description of what he felt motive of defendant is also relevant (the injury the Defendant inflicted)

Common Definitions Serious Physical Injury (Penal Law § 10.00 [10]) creates a substantial risk of death causes death, or causes serious and protracted disfigurement, or protracted impairment of health, or protracted loss or impairment of the function of any bodily organ

Common Definitions: Dangerous Instrument (Penal Law § 10.00 [10]) Is defined by 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.

Common Definitions Deadly Weapon (Penal Law § 10.00 [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.

Intentional Assault in the Third Degree (Penal Law § 120.00 [1]) Elements The defendant caused a physical injury to another person, and, The defendant did so with intent to cause physical injury to another person.

Elevator Specific intent is to cause serious physical injury, given the level of injury,

Intentional Second Degree Assault (Penal Law § 120.05 [1]) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person.

Intentional Second Degree Assault (Penal Law § 120.05 [1]) Elements: The defendant caused serious physical injury to another person, and That the defendant did so with the intent to cause serious physical injury to another person.

Elevator Crime is elevated to class B felony of assault in the first degree when serious physical injury is caused by: deadly weapon, or dangerous instrument

Intentional Assault in the First Degree (Penal Law § 120.10 [1]) 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

Intentional Assault in the First Degree (Penal Law § 120.10 [1]) Elements: The defendant caused serious physical injury by means of a deadly weapon or dangerous instrument, and That the defendant did so with the intent to cause serious physical injury.

Reckless Assault in the Third Degree (Penal Law § 120.00 [2]) He or she recklessly causes physical injury to another person. Elements: The defendant caused physical injury to another person, and The defendant did so recklessly.

Elevator for Reckless Assault Elevated to felony of assault in the second degree recklessly causing: serious physical injury by a deadly weapon, or dangerous instrument

Reckless Second Degree Assault Penal Law § 120.05 (4) He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. Elements: Defendant caused serious physical injury to another person by means of a deadly weapon or dangerous instrument, and That the defendant did so recklessly.

Assault in the First Degree (Depraved Indifference To Human Life) (Penal Law § 120.10 [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 serious physical injury to another person.

Assault in the First Degree (Depraved Indifference To Human Life; Penal Law § 120.10 [3]) Elements: The defendant caused serious physical injury to another person, That the defendant did so by recklessly engaging in conduct which created a grave risk of death to another person, and That the defendant engaged in such conduct under circumstances evincing a depraved indifference to human life.

Criminally Negligent Third Degree Assault (Penal Law § 120.00 [3]) With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Criminally Negligent Third Degree Assault (Penal Law § 120.00 [3]) Elements: The defendant caused physical injury by means of deadly weapon or dangerous instrument, and The defendant did so with criminal negligence.

Second Degree Assault: Deadly Weapon or Dangerous Instrument (Penal Law § 120.05 [2]) 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.

Second Degree Assault: Deadly Weapon or Dangerous Instrument (Penal Law § 120.05 [2]) Elements: Defendant caused physical injury by means of a deadly weapon, and That the defendant did so to cause physical injury to another person.

Elevator If serious physical injury consists of serious and permanent disfigurement or, Destruction, or Amputation, or Permanent disablement of a member or organ of the body. Conduct constitutes to class B felony.

First Degree Felony Assault (Penal Law § 120.10 [4]) In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he/she, or another participant if there be any, causes serious physical injury to a person other than one of the participants.

First Degree Felony Assault (Penal Law § 120.10 [4]) Elements: The defendant committed a felony, and That, in the course of and in furtherance of the commission of the defendant [or of immediate flight therefrom], the defendant caused serious physical injury to another person and that he/she was not a participant in the felony.