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ASSAULT, STRANGULATION & RELATED OFFENSES

CLASS B MISDEMEANORS:

NYPL § 120.15 - Menacing in the 3rd Degree:

A person is guilty of menacing in the 3rd 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. 

 

CLASS A MISDEMEANORS:

NYPL § 120.00 - Assault in the 3rd Degree:

A person is guilty of assault in the 3rd 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.

NYPL § 120.14 - Menacing in the 2nd Degree:

A person is guilty of menacing in the 2nd degree when:

1. 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

2. 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

3. He or she commits the crime of Menacing in the 3rd Degree, (NYPL § 120.15), 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 NY FCA Art. 8, NY Crim. Proc. Law. § 530.12, 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.

NYPL § 120.20 - Reckless Endangerment in the 2nd Degree:

A person is guilty of reckless endangerment in the 2nd degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

NYPL § 121.11 - Criminal Obstruction of Breathing or Blood Circulation:

A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:

a. Applies pressure on the throat or neck of such person;  or

b. Blocks the nose or mouth of such person.

 

CLASS E FELONIES:

NYPL § 120.13 - Menacing in the 1st Degree:

A person is guilty of menacing in the 1st degree when he or she commits the crime of Menacing in the 2nd Degree, (NYPL § 120.14), and has been previously convicted of the crime of Menacing in the 2nd Degree, (NYPL § 120.14), or the crime of Menacing a police officer or peace officer within the preceding 10 years.

 

CLASS D FELONIES:

NYPL § 120.05 - Assault in the 2nd Degree: *

A person is guilty of assault in the 2nd 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

...

4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;  or

...

NYPL § 120.25 - Reckless Endangerment in the 1st Degree:

A person is guilty of reckless endangerment in the 1st 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.

NYPL § 121.12 - Strangulation in the 2nd Degree:

A person is guilty of strangulation in the 2nd degree when he or she commits the crime of Criminal Obstruction of Breathing or Blood Circulation, (NYPL § 121.11),  and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment. 

 

CLASS C FELONIES:

NYPL § 120.06 - Gang Assault in the 2nd Degree:

A person is guilty of gang assault in the 2nd degree when, with intent to cause physical injury to another person; and when aided by 2 or more other persons actually present, he causes serious physical injury to such person or to a third person.

NYPL § 121.12 - Strangulation in the 1st Degree:

A person is guilty of strangulation in the 1st degree when he or she commits the crime of Criminal Obstruction of Breathing or Blood Circulation, (NYPL § 121.11), and thereby causes serious physical injury to such other person. 

 

CLASS B FELONIES:

NYPL § 120.07 - Gang Assault in the 1st Degree:

A person is guilty of gang assault in the 1st degree when, with intent to cause serious physical injury to another person and when aided by 2 or more other persons actually present, he causes serious physical injury to such person or to a third person. 

NYPL § 120.10 - Assault in the 1st Degree:

A person is guilty of assault in the 1st 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;  o

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.

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*Not verbatim. Click here for link to full text of current law.

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