Suffolk County Criminal Law
ARTICLE 120--ASSAULT AND RELATED OFFENSES
Section 120.00 Assault in the third degree - Suffolk County
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.
Suffolk County Criminal Lawyer
Section 120.01 Reckless assault of a child by a child day care provider - Suffolk County
A person is guilty of reckless assault of a child when, being a child day care provider or an employee thereof, he or she recklessly causes serious physical injury to a child under the care of such provider or employee who is less than eleven years of age.
Reckless assault of a child by a child day care provider is a class E felony.
Section 120.03 Vehicular assault in the second degree - Suffolk County
A person is guilty of vehicular assault in the second degree when he or she causes serious physical injury to another person, and either:
(1) operates a motor vehicle in violation of subdivision two, three or four of section section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle, vessel or public vessel in a manner that causes such serious physical injury to such other person, or
(2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle in a manner that causes such serious physical injury to such other person, or
(3)operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section section twenty-two hundred eighty-one of the vehicle and traffic law and in violation of subdivision two, three, or four of section eleven hundred ninety-two of the vehicle and traffic laws, and as a result of such intoxication or impairment by the use of a drug, operates such snowmobile or all terrain vehicle in a manner that causes such serious physical injury to such other person.
If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such serious physical injury, as required by this section.
Suffolk County Criminal Lawyers
Section 120.04 Vehicular assault in the first degree - Suffolk County
A person is guilty of vehicular assault in the first degree when he or she:
(1) commits the crime of vehicular assault in the second degree as defined in section 120.03, and
(2) commits such crime while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in the state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic laws.
If it is established that the person operating such motor vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle in a manner that caused such serious physical injury, as required by this section.
Vehicular assault in the first degree is a class D felony.
Section 120.05 Assault in the second degree - Suffolk County
A person is guilty of assault in the second 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
3. With intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician or medical or related personnel in a hospital emergency department, from
performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actors intent that the animal obstruct the lawful activity of such peace office, police officer, fireman, paramedic or technician, he causes physical injury to such peace officer, police officer, fireman, paramedic technician or medical or related personnel in a hospital emergency department; or
4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
5. For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing the same; or
6. In the course of and in furtherance of the commission or attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, or of immediate flight therefrom, he, or another participant if there be any, causes physical injury to a person other than one of the participants; or
7. Having been charged with or convicted of a crime and while confined in a correctional facility, as defined in subdivision three of section forty of the correction law, pursuant to such charge or conviction, with intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
8. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly causes serious physical injury to such person; or
9. Being eighteen years old or more and with intent to cause physical injury to a person less than seven years old, the defendant causes such injury to such person; or
10. Acting at a place the person knows, or reasonably should know, is on school grounds and with intent to cause physical injury, he or she:
(a) causes such injury to an employee of a school or public school district; or
(b) not being a student of such school or public school district, causes physical injury to another, and such other person is a student of such school who is attending or present for educational purposes. For purposes of this subdivision the term "school grounds" shall have the meaning set forth in subdivision fourteen of section 220.00 of this chapter.
11. With intent to cause physical injury to a train operator, ticket inspector, conductor, bus operator, or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, he or she causes physical injury to such train operator, ticket inspector, conductor, bus operator, or station agent while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus.
Assault in the second degree is a class D felony.
Jury Instructions for a Suffolk County Criminal Jury/ Assault Second Degree
1 This statute was added to the Penal Law effective November 1, 2002. A
“station agent” was added to the statute effective November 1, 2003.
2 See Penal Law § 10.00(9).
3 See Penal Law § 15.05(1).
ASSAULT SECOND DEGREE
(D Felony)
(Physical Injury; Transit Operators)
PENAL LAW 120.05(11)
(Committed on or after Nov. 1, 2003)1
The count is Assault in the Second Degree.
Under our law, a person is guilty of Assault in the Second
Degree when, with intent to cause physical injury to a train
operator, ticket inspector, conductor or bus operator or station
agent employed by any transit agency, authority or company, public
or private, whose operation is authorized by New York State or any
of its political subdivisions, (Suffolk County he or she causes physical injury to such
train operator, ticket inspector, conductor or bus operator while
such employee is performing an assigned duty on, or directly
related to, the operation of a train or bus.
Some of the terms used in this definition have their own
special meaning in our law. I will now give you the meaning of the
following terms: “physical injury,” and “intent.”
PHYSICAL INJURY means impairment of physical condition
or substantial pain.2
INTENT means conscious objective or purpose. Thus, a
person acts with intent to cause physical injury to a train operator,
ticket inspector, conductor or bus operator when that person's
conscious objective or purpose is to cause physical injury to such
person.3
In order for you to find the defendant guilty of this crime, the
People are required to prove, from all the evidence in the case,
2
beyond a reasonable doubt, both of the following two elements:
1. That on or about (date) , in the county of (suffolk county) , the
defendant, (defendant's name) , caused physical injury to
a train operator, [ticket inspector], [conductor] [or bus
operator] [or station agent] employed by any transit
agency, authority or company, public or private, whose
operation is authorized by Suffolk County New York State or any of its
political subdivisions;
2. That the defendant did so while such employee was
performing an assigned duty on or directly related to
the operation of a train or bus; and
3. That the defendant did so with the intent to cause
physical injury to such person.
Therefore, if you find that the People have proven beyond a
reasonable doubt each of those elements, you must find the
defendant guilty of the crime of Assault in the Second Degree as
charged in the count.
On the other hand, if you find that the People have not
proven beyond a reasonable doubt any one or more of those
elements, you must find the defendant not guilty of the crime of
Assault in the Second Degree as charged in the count.
Section 120.06 Gang assault in the second degree - Suffolk County
A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.
Gang assault in the second degree is a class C felony.
Section 120.07 Gang assault in the first degree - Suffolk County
A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.
Gang assault in the first degree is a class B felony.
Section 120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional - Suffolk County
A person is guilty of assault on a peace officer, police officer, fireman or emergency medical services professional when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician, from performing a lawful duty, he causes serious physical injury to such peace officer, police officer, fireman, paramedic or technician.
Assault on a peace officer, police officer, fireman or emergency medical services professional is a class C felony.
Section 120.10 Assault in the first degree - Suffolk County
A person is guilty of assault in the first 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; or
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.
Assault in the first degree is a class B felony.
Section 120.11 Aggravated assault upon a police officer or a peace officer - Suffolk County
A person is guilty of aggravated assault upon a police officer or a peace officer when, with intent to cause serious physical injury to a person whom he knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his official duties, he causes such injury by means of a deadly weapon or dangerous instrument.
Aggravated assault upon a police officer or a peace officer is a class B felony.
Section 120.12 Aggravated assault upon a person less than eleven years old - Suffolk County
A person is guilty of aggravated assault upon a person less than eleven years old when being eighteen years old or more the defendant commits the crime of assault in the third degree as defined in section 120.00 of this article upon a person less than eleven years old and has been previously convicted of such crime upon a person less than eleven years old within the preceding three years.
Aggravated assault upon a person less than eleven years old is a class E felony.
|
