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Assault

In New York State, the basic requirement for any assault conviction is that the defendant be proven to have caused physical injury to another person.

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Assault Charges

The degree of conviction (Class B, C, D, E) is determined by the seriousness of the injury, and factors including but not limited to, use of a deadly weapon, and the mental culpability of the defendant.

Assault and Related Offenses

NY Penal Code

  • Assault in the third degree. Class A MISDEMEANOR 120.00
  • Menacing a police officer or peace officer. Class D FELONY 120.18
  • Aggravated assault upon a person less than eleven years old. Class E FELONY 120.12
  • Aggravated assault upon a police officer or a peace officer. Class B FELONY 120.11
  • Aggravated vehicular assault. Class C FELONY 120.04-A
  • Assault in the first degree. Class B FELONY 120.10
  • Assault in the second degree. Class D FELONY 120.05
  • Assault on a judge. Class C FELONY 120.09
  • Assault on a peace officer, police officer, fireman. Class C FELONY 120.08
  • Assault on an emergency medical services professional. Class C FELONY 120.40
  • Gang assault in the first degree. Class B FELONY 120.07
  • Gang assault in the second degree. Class C FELONY 120.06
  • Hazing in the first degree. Class A MISDEMEANOR 120.16
  • Hazing in the second degree. VIOLATION 120.17
  • Luring a child. Class E FELONY 120.70
  • Menacing in the first degree. Class E FELONY 120.13
  • Menacing in the second degree. Class A MISDEMEANOR 120.14
  • Menacing in the third degree. Class B MISDEMEANOR 120.15
  • Promoting a suicide attempt. Class E FELONY 120.30
  • Promoting a suicide attempt; when punishable as attempt to commit murder. 120.35
  • Reckless assault of a child by a child day care provider. Class E FELONY 120.01
  • Reckless assault of a child. Class D FELONY 120.02
  • Reckless endangerment in the first degree. Class D FELONY 120.25
  • Reckless endangerment in the second degree. Class A MISDEMEANOR 120.20
  • Stalking in the first degree. Class D FELONY 120.60
  • Stalking in the fourth degree. Class B MISDEMEANOR 120.45
  • Stalking in the second degree. Class E FELONY 120.55
  • Stalking in the third degree. Class A MISDEMEANOR 120.50
  • Vehicular assault in the first degree. Class D FELONY 120.04
  • Vehicular assault in the second degree. Class E FELONY 120.03
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