Legal Memorandum: Assault in NY

Issue: What constitutes Assault in New York.

Area of Law: Criminal Law
Keywords: Assault; Physical injury; Deadly weapon
Jurisdiction: New York
Cited Cases: None
Cited Statutes: McKinney's Penal Law § 120.00
Date: 04/01/2006

Applicable Statute—McKinney’s Penal Law § 120.00 Assault in the third degree

A person is guilty of assault in the third 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.

Assault in the third degree is a class A misdemeanor.


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