Assault 3rd- UF
A person is guilty of assault in the third degree when:
- With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
- He recklessly causes physical injury to another person; or
- With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault 2nd- BCI
A person is guilty of assault in the second degree when:
- With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or
- 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
- With intent to prevent a peace officer, a police officer, registered nurse, licensed practical nurse, public health sanitarian, a firefighter, paramedic or emergency medical technician administering first aid in the course of performance of duty
- He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
4-a. He recklessly causes physical injury to another person who is a child under the age of eighteen by intentional discharge of a firearm, rifle or shotgun; or
Assault 1st- BCI
A person is guilty of assault in the first degree when:
- 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
- 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
- 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
- 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.
Physical Injury
Impairment of physical condition or substantial pain.
Minor cuts, bruising, swelling, fractures, broken bones, unconsciousness
Serious Physical Injury
Creates a substantial risk of death, Causes death, Causes serious and long-lasting disfigurement, Causes long-term impairment of health, Causes long-term loss or impairment of a bodily organ’s function
Life threatening- immediate medical attention of life saving support such as CPR, get flown out by helicopter, life saving surgery
Life threatening
Life threatening- immediate medical attention of life saving support such as CPR, get flown out by helicopter, life saving surgery
Deadly Weapon
means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
Dangerous Instrument
means any instrument, article or substance, including a “vehicle” as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.
Menacing 1st- BCI
A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer within the preceding ten years.
Menacing 2nd- BCI
A person is guilty of menacing in the second degree when:
- He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
- He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or
- He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued.
Menacing 3rd- UF
A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.
Reckless Endangerment 2nd- UF except when involves firearm
A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
Reckless Endangerment 1st- BCI
A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.
