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What acts constitute second-degree assault in New York?

| Jan 12, 2017 | Criminal Defense |

Last week, this blog told the story of a man who is facing second-degree assault charges, among others, after allegedly being involved in a fight with another person. These charges are serious as second-degree assault is a class D felony. Today, we are going to explore some acts that constitute second-degree assault in New York.

Under New York Penal Code, Section 120.05, there are a number of circumstances that could constitute second-degree assault. For example, if a person intends to seriously injure another individual and does cause such injury to the individual or another individual; if a person intends to physically injure another individual, and does cause such injury to that individual; or a third individual, through the use of a dangerous instrument or deadly weapon.

A person also commits second-degree assault if he or she recklessly causes another individual to be seriously injured through the use of a dangerous instrument or deadly weapon. In addition, if a person recklessly causes another individual under 18-years-old to be injured by intentionally shooting off a firearm, this also constitutes second-degree assault.

And, a person commits second-degree assault if he or she is at least 18-years-old and intends to injure an individual who is under 11-years-old and recklessly does cause the individual serious injury. A person also commits second-degree assault if he or she is at least 18-years-old and intends to injure an individual who is under 7-years-old and does cause the individual seriouse injury.

There are other circumstances that constitute second-degree assault that have not been discussed in this post, involving people of certain professions, people of certain ages and places where the assault takes place. This post is for general purposes only and does not provide legal advice. Therefore, if a person in New York wants to learn more about what constitutes second-degree assault, or is facing assault charges, he or she may want to seek legal help from a criminal defense attorney.

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