Nassau County Criminal Lawyers
ARTICLE 120--ASSAULT AND RELATED OFFENSES
Section 120.00 Assault in the third degree - Nassau County
A person is guilty of assault in the third degree when:
1. With
intent to cause physical injury to
another person, he causes such injury to such person or to a third
person; or
2. He recklessly causes physical injury
to another person; or
3. 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.
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Section 120.01 Reckless assault of a child by a child day care
provider - Nassau County
A person is guilty of reckless
assault of a child when, being a child day care provider or an employee
thereof, he or she recklessly causes serious physical injury to a child under
the care of such provider or employee who is less than eleven years of age.
Reckless assault of a child by
a child day care provider is a class E felony.
Section 120.03 Vehicular assault in the second degree - Nassau County
A person is guilty of vehicular
assault in the second degree when he or she causes serious physical injury to
another person, and either:
(1) operates a motor vehicle in violation of subdivision two, three or four of
section section eleven hundred ninety-two of the vehicle and traffic law or
operates a vessel or public vessel in violation of paragraph (b), (c), (d) or
(e) of subdivision two of section forty-nine-a of the navigation law, and as a
result of such intoxication or impairment by the use of a drug, operates such
motor vehicle, vessel or public vessel in a manner that causes such serious
physical injury to such other person, or
(2) operates a motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds which contains flammable gas, radioactive materials or
explosives in violation of subdivision one of section section eleven hundred
ninety-two of the vehicle and traffic law, and such flammable gas, radioactive
materials or explosives is the cause of such serious physical injury, and as a
result of such intoxication or impairment by the use of a drug, operates such
motor vehicle in a manner that causes such serious physical injury to such
other person, or
(3)operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in paragraph (a)
of subdivision one of section section twenty-two hundred eighty-one of the
vehicle and traffic law and in violation of subdivision two, three, or four of section
eleven hundred ninety-two of the vehicle and traffic laws, and as a result of
such intoxication or impairment by the use of a drug, operates such snowmobile
or all terrain vehicle in a manner that causes such serious physical injury to
such other person.
If it is established that the person operating such motor vehicle, vessel,
public vessel, snowmobile or all terrain vehicle caused such serious physical
injury while unlawfully intoxicated or impaired by the use of a drug, then
there shall be a rebuttable presumption that, as a result of such intoxication or
impairment by the use of a drug, such person operated the motor vehicle,
vessel, public vessel, snowmobile or all terrain vehicle in a manner that
caused such serious physical injury, as required by this section.
Nassau County Criminal Law Defense
Section 120.04 Vehicular
assault in the first degree
- Nassau County
A person is guilty of vehicular
assault in the first degree when he or she:
(1) commits the crime of vehicular assault in the second degree as defined in section 120.03, and
(2) commits such crime while knowing or having
reason to know that: (a) his or her license or his or her privilege of
operating a motor vehicle in another state or his or her privilege of obtaining
a license to operate a motor vehicle in another state is suspended or revoked
and such suspension or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute a
violation of any of the provisions of section eleven hundred ninety-two of the
vehicle and traffic law; or (b) his or her license or his or her privilege of
operating a motor vehicle in the state or his or her privilege of obtaining a
license issued by the commissioner of motor vehicles is suspended or revoked
and such suspension or revocation is based upon either a refusal to submit to a
chemical test pursuant to section eleven hundred ninety-four of the vehicle and
traffic law or following a conviction for a violation of any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic laws.
If it is established that the person operating such motor vehicle caused such
serious physical injury while unlawfully intoxicated or impaired by the use of
a drug, then there shall be a rebuttable presumption that, as a result of such
intoxication or impairment by the use of a drug, such person operated the motor
vehicle in a manner that caused such serious physical injury, as required by
this section.
Vehicular assault in the first degree is a class D felony.
Section 120.05 Assault in the second degree - Nassau County
A person is guilty of assault
in the second degree when:
1. With
intent to cause serious physical injury
to another person, he causes such injury to such person or to a third
person; or
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;
or
3. With
intent to prevent a peace officer, police officer, a fireman, including
a fireman acting as a paramedic or emergency medical technician administering
first aid in the course of performance of duty as such fireman, or an emergency
medical service paramedic or emergency medical service technician or medical or
related personnel in a hospital emergency department, from
performing a lawful duty, by means including releasing or failing to control an
animal under circumstances evincing the actors intent that the animal obstruct
the lawful activity of such peace office, police officer, fireman, paramedic or
technician, he causes physical injury to such
peace officer, police officer, fireman, paramedic technician or medical or
related personnel in a hospital emergency department; or
Nassau County Criminal
Attorneys
4. He 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 intentionally
causes stupor, unconsciousness or other physical
impairment or injury to another person by administering to him, without
his consent, a drug, substance or preparation capable of producing the
same; or
6.
In the course of and in furtherance of the commission or attempted commission
of a felony, other than a felony defined in article
one hundred thirty which requires corroboration for conviction, or of
immediate flight therefrom, he, or another participant if there be any, causes physical injury to a person other than one of the
participants; or
7. Having been charged with or
convicted of a crime and while confined in a correctional facility, as defined
in subdivision three of section forty of the correction law, pursuant to such
charge or conviction, with intent to cause physical injury to another person, he causes such
injury to such person or to a third person; or
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 to such person; 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 to such person; or
10. Acting at a place the person
knows, or reasonably should know, is on school grounds and with intent to cause
physical injury, he or she:
(a) causes such 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 school who is attending or present for
educational purposes. For purposes of this subdivision the term "school
grounds" shall have the meaning set forth in subdivision fourteen of
section 220.00 of this chapter.
11. With intent to cause physical
injury to a train operator, ticket inspector, conductor, bus operator, or
station agent employed by any transit agency, authority or company, public or
private, whose operation is authorized by New York state or any of its
political subdivisions, he or she causes physical injury to such train
operator, ticket inspector, conductor, bus operator, or station agent while
such employee is performing an assigned duty on, or directly related to, the
operation of a train or bus.
Assault in the second degree
is a class D felony.
Nassau County Criminal Law
Firm
Jury Instructions for a Nassau County Criminal Jury/
Assault Second Degree
1 This statute was added
to the Penal Law effective November 1, 2002. A
Section 120.06 Gang assault in the second degree - Nassau County
A person is guilty of gang
assault in the second degree when, with intent
to cause physical injury to another person and
when aided by two or more other persons
actually present, he causes serious physical injury
to such person or to a third person.
Gang assault in the second
degree is a class C felony.
Section 120.07 Gang assault in the first degree - Nassau County
A person is guilty of gang
assault in the first degree when, with intent
to cause serious physical injury to another
person and when aided by two or more other
persons actually present, he causes serious physical injury to such person or
to a third person.
Gang assault in the first
degree is a class B felony.
Section 120.08 Assault on a peace officer, police officer, fireman
or emergency medical services professional
- Nassau County
A person is guilty of assault
on a peace officer, police officer, fireman or emergency medical services
professional when, with intent to prevent a
peace officer, police officer, a fireman, including a fireman acting as a
paramedic or emergency medical technician administering first aid in the course
of performance of duty as such fireman, or an emergency medical service
paramedic or emergency medical service technician, from performing a lawful
duty, he causes serious physical injury to such
peace officer, police officer, fireman, paramedic or technician.
Assault on a peace officer,
police officer, fireman or emergency medical services professional is a class C
felony.
Section 120.10 Assault in the first degree - Nassau County
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 to such person or to a third person 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 to such person or to a third person; 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 serious physical injury to
another person; or
4.
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.
Section 120.11 Aggravated assault upon a police officer or a peace
officer - Nassau
County
A person is guilty of
aggravated assault upon a police officer or a peace officer when, with intent to cause serious
physical injury to a person whom he knows
or reasonably should know to be 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.
Aggravated assault upon a
police officer or a peace officer is a class B felony.
Section 120.12 Aggravated assault upon a person less than eleven
years old - Nassau County
A person is guilty of
aggravated assault upon a person less than eleven years old when being eighteen
years old or more the defendant commits the crime of assault in the third
degree as defined in section 120.00 of this
article upon a person less than eleven years old and has been previously
convicted of such crime upon a person less than eleven years old within the
preceding three years.
Aggravated assault upon a
person less than eleven years old is a class E felony.
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