NY Penal Law § 120.05: Assault in the second Degree
Assault in the second degree is of one of several assault offenses listed in the New York penal code. There are seven different circumstances under which you could find yourself up against such a charge. You could be prosecuted under New York Penal Code § 120.05 for assault in the second degree if you:
This crime is a class D felony.
In one case, a man uses a pocket knife to inflict a 16″ wound in another man’s abdomen. In another case a man punches a woman in the face, causing her to fall backwards and bang her head on the sidewalk. She suffers serious injuries to her head and ends up on life support. In both cases, the men could face prosecution for assault in the second degree on the basis of having the intent to cause serious physical injury to another individual and in fact causing serious injury.
Offenses that are Related
Menacing in the second degree: New York Penal Code § 120.14
An assault in the second degree charge can be based on you inflicting serious injuries on the victim. The definition of “serious physical injury” is clearly delineated under New York Penal Code § 10.00(10). If you can demonstrate that the victim’s injuries were actually not that serious, then you may have a valid defense against assault in the second degree charges.
New York criminal law has a “justification” statute that allows you to use physical force against another individual to protect yourself from imminent harm. If you can demonstrate that, on the basis of the facts of the case, you had good reason to believe that you were in imminent physical danger, then you may be able to use this as a valid defense against an assault charge.
Assault in the second degree is categorized as a class D felony. The maximum possible sentence for this crime is 7 years in prison. Since assault in the second degree is also classified as a violent felony offense, the judge is obligated to impose at least a sentence of 2 years in prison on you. For an assault in the second degree conviction, in addition to being sentenced to a minimum of 2 years in prison, you may also be ordered to pay a fine of up to $5,000.
Additionally, as part of the criminal process, the prosecutor may request and the judge may grant an Order of Protection in favor of the victim. Simply stated, an Order of Protection (formerly referred to as a Restraining Order) is a court order requiring you to stay away from another person.
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