Details On Assault In The Second Degree
Assault in the Second Degree is a serious criminal charge that covers more than a dozen different violent or dangerous acts.
In our experience as Buffalo criminal defense attorneys, the following are the most common circumstances under which this crime is charged.
When a person intends to cause a serious physical injury to someone and causes a serious physical injury to that person or another person, he or she may be charged with this offense.
The law defines a “serious physical injury” as an injury causing death, risk of death, long term disfigurement or impaired health, or long term loss of or damage to a body organ.
This offense is also commonly charged when a person intentionally causes a physical injury (which is defined as physical impairment or substantial pain) by using a deadly weapon or dangerous instrument.
A dangerous instrument may be any object or substance capable of causing death or serious physical injury when used in the manner charged.
It may also be charged when a person, without intent to cause injury, causes a serious physical injury by using a deadly weapon or dangerous instrument in a reckless manner.
There are many other circumstances that may lead to this charge, including recklessly or intentionally causing physical injury to a child, causing physical injury when interfering with a police officer or firefighter, and intentionally causing physical injury to a senior citizen.
Assault in the Second Degree (NY Penal Code Article 120.05) is a very serious crime with very serious penalties.
If you need the help of an experienced criminal lawyer, call us at 716-542-5444.