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Assault

Penal Law § 120.00 — causing physical injury, intentionally or recklessly, is a class A misdemeanor

Assault in the third degree, a class A misdemeanor, is any of these:

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  • Intending to cause physical injury to someone, and causing it to that person or another.
  • Recklessly causing physical injury to another person.
  • With criminal negligence, causing physical injury to another person with a deadly weapon or a dangerous instrument.

Physical injury. Physical injury means impairment of physical condition or substantial pain.

The second degree is a class D felony. Intending serious physical injury and causing it, intending physical injury and causing it with a deadly weapon or a dangerous instrument, or causing physical injury while intending to keep a police officer, peace officer, nurse, firefighter, paramedic, traffic enforcement agent or one of the other workers the section lists from performing a lawful duty, is assault in the second degree, a class D felony.

A class A misdemeanor carries up to 364 days in jail; a class D felony, a maximum term the court fixes of up to seven years.

Sources for this section (5)
  1. Penal Law § 120.00 — Assault in the third degree
  2. Penal Law § 120.05 — Assault in the second degree
  3. Penal Law § 10.00 — Definitions of terms of general use in this chapter
  4. Penal Law § 70.15 — Sentences of imprisonment for misdemeanors and violation
  5. Penal Law § 70.00 — Sentence of imprisonment for felony

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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