Second-degree assault is one of the numerous assaults offenses under the criminal code of New York. You may face a charge under seven different circumstances. Under the New York Penal Code 120.05, you may be accused of assault in the second degree if you:
1. Assault another individual with the intention causing a grievous injury, and you cause a serious physical injury to the person or third party.
2. Assault another person with a dangerous instrument or a deadly weapon with the intention of causing injury to the person and in fact injuring the person or third party.
3. Assault of an official such as a train operator or a peace officer to prevent them from properly performing their duties.
4. Recklessly causing a serious physical injury with a dangerous instrument or deadly weapon.
5. Intentionally causing another person to become physically or unconsciously impaired by administering a drug without their conscience.
6. While you were in the course of committing a felony, you injure another person.
7. Are 18 years old, and injure an 11-year-old or below child intentionally or recklessly.
This is a Class D felony.
For instance, a man uses a knife to cause a 16-inch deep wound on another’s abdomen. In another similar case, a man punches another woman to cause her fall on a wall and get a deep wound. She suffered deep wounds that were treated in a life support machine. In both cases, these men would be convicted of second-degree assault based on the intention to cause a physical harm to another person, in fact, thy succeeded in causing the harm.
1. Second Degree Menacing: New York Penal Code 120:14
2. Second-degree reckless endangerment: Penal Code 120: 20
A second-degree assault charge is based on the action of seriously injuring a person. Under the New York Penal Code 10:00, a serious physical injury has many definitions. If the prosecutor proves that the injury wasn’t severe, then the defense is valid against the second-degree charges.
New York has a statute for justification that gives you a choice to use physical force to protect yourself against impending harm. If you injured that person while protecting yourself against an impending harm, then you can defend yourself against the assault charge.
Second-degree assault belongs to the Class D felony. A seven-year prison term is valid for this charge. Because the second-degree assault is classified under the violent felony, a two-year prison term can be imposed to the person by the judge. For a second-degree conviction assault conviction, you can face a two-year prison sentence combined with a $5,000 fine.
The prosecutor may request, as part of the criminal process, that the judge grants a criminal protection order in court to order you to stay away from the victim.
New York Penal Code 120.05: Second Degree Assault
A person is guilty of the second-degree assault when:
1. With intent to cause serious injury to another person, in fact causing that injury to the person or third party. Or,
2. With the intention to cause physical injury to another person, he causes the injury by using a dangerous instrument t or deadly weapon.
3. With intent to prevent a police officer, a peace officer, a prosecutor as defined in the New York Second degree assault penal code.
NYC Criminal Attorneys
It is a serious charge to be arrested for assault. Many aspects of your life will change forever if you are convicted. However, there are many aspects of a second-degree assault that a lawyer can use to defend you. It is important to contact our NYC criminal attorney if you are arrested for assault. The lawyers in our law firm have many years of legal experience to give you the ultimate representation service you need.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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