NY PENAL § 120.05: Assault in the Second Degree
Intentionally Causing Serious Physical Injury to Someone
What is Assault in the Second Degree?
There are many forms of assault in the second degree, but in general, it is the second most severe of New York State’s assault charges. While not as severe as first-degree assault, second-degree assault includes a range of serious crimes and it is a felony. When a person intentionally causes serious injury to someone, or meets one of several other conditions, they can be charged with assault in the second degree.
When the Charge of Assault in the Second Degree Applies
The most common application of this charge is when a person deliberately causes serious physical injury to someone. “Serious physical injury” is an injury that “creates a substantial risk of death” or that causes “protracted disfigurement” or “protracted impairment of health.” Also included are cases where the physical injury is less severe, but it is caused through the use of a deadly weapon. In both of these cases, the perpetrator must intend to cause the injury for the charge of second-degree assault to apply.
There are also a number of specific circumstances that New York statutes define as assault in the second degree. For instance, when someone injures a public official or employee (such as a firefighter, a transit employee, a nurse, or a paramedic) while they are performing their job, this qualifies as second-degree assault. The charge also includes “elder abuse,” cases where someone aged 65 or older is intentionally injured by someone at least 10 years younger. There are also provisions for injuring a child under age 11, a prisoner harming a prison employee, and allowing an animal to injure a public employee.
NY PENAL § 120.05: Assault in the Second Degree
The statute for Assault in the Second Degree is long and has many parts, which you can read in their entirety at this link. Here is a summary of some of the key provisions.
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. He releases or fails to restrain an animal in order to prevent a public official from performing their job, and the animal injures the official; or
4. He recklessly injures another person with a deadly weapon; or
5. He drugs someone without their knowledge; or
6. He injures someone during the commission of a felony, or while fleeing from the commission of a felony; or
7. While in jail, he intentionally injures an employee of the jail; or
8-9. He, aged 18 or older, intentionally injures a child aged 11 or younger; or
10. He injures an employee or student on school grounds; or
11. He injures a transportation employee in the course of doing their job; or
12. He injures someone aged 65 or older, and is himself at least 10 years younger than the victim; or
13. While held in a treatment facility, he intentionally injures an employee of the facility; or
14. He injures a process server in the course of doing their job.
Second-degree assault is a class D felony and is considered a violent felony offense.
What can happen to me if I am charged with Assault in the Second Degree?
If you are convicted of this charge, the court must sentence you to at least two years in prison and as much as seven years, with a longer sentence possible if you have previous felony convictions on your record. You will also be subject to fines and period of post-release supervision. Even if you get the minimum sentence, your life can be impacted in major ways. You will have a felony conviction on your record, which can keep you from finding employment. Your immigration status can also be affected.
What Should I Do Next?
If you have been charged with Assault in the Second Degree in Nassau, Queens, or Suffolk County, you need to find an experienced criminal defense attorney to represent you. This is a serious charge with serious consequences for conviction. Don’t talk to police or prosecutors on your own. Your New York criminal defense lawyer will know how to mount an appropriate defense and achieve the most favorable outcome for you.
If you have been arrested for Second Degree Assault in Nassau, Suffolk or Queens County, call Scott J. Limmer without delay
You can contact Scott by phone at 516-742-2300 to speak to him immediately. He is available 24 hours a day, 7 days a week, year-round and your initial consultation is free.
Nassau County Criminal Law Office
200 Old Country Road Suite 2 S Mineola, NY 11501 Telephone: 516-742-2300
Queens County Criminal Law Office
80-02 Kew Gardens Road Suite 300 Kew Gardens, NY 11415 Telephone: 718-742-6300