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

2. Lesson 22
Assault in the third degree Reckless assault of a child by a child day care provider Reckless assault of a child Vehicular assault in the second degree Vehicular assault in the first degree A - Aggravated vehicular assault Assault in the second degree Gang assault in the second degree Gang assault in the first degree Assault on a peace officer, police officer, fireman or emergency medical services professional Assault on a Judge (New 2012) Assault in the first degree Aggravated assault upon a police officer or a peace officer Aggravated assault upon a person less than eleven years old Menacing in the first degree Menacing in the second degree.

3. Lesson 22
Menacing in the third degree Hazing in the first degree Hazing in the second degree Menacing a police officer or peace officer Reckless endangerment in the second degree Reckless endangerment in the first degree Promoting a suicide attempt Promoting a suicide attempt; when punishable as attempt to commit murder Definitions Stalking in the fourth degree Stalking in the third degree Stalking in the second degree Stalking in the first degree Luring a child.

4. 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.

5. 120.00 Assault in the third degree. A person is guilty of this when:
Lesson 22
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.

6. 120.05 Assault in the second degree. A person is guilty of this when:
Lesson 22
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 …

7. 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

8. 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…

9. 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

10. Lesson 22
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.

11. Lesson 22
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.

12. 120.02 Reckless assault of a child. A person is guilty of this when:
Lesson 22
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.

13. Lesson 22
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.

14. Lesson 22
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.