Steel assault physical
Further, under New York law, as long as the defendant intended to injure someone, a defendant can be charged with assault for injuring any other person – even someone other than the intended victim. Acting intentionallyĪ person causes an injury intentionally when the person basically wants the injury to occur. New York law defines "physical injury" as "impairment of physical condition or substantial pain."
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Physical injuryĪ "physical injury" occurs when a victim suffers at least some physical – not mental – injury or pain. Misdemeanor assault can also occur if a person negligently (carelessly) injures someone else by using a deadly weapon or dangerous instrument. What is Misdemeanor Assault?Ī person commits misdemeanor assault by improperly causing someone else to suffer a "physical injury." The injury must have been caused either intentionally or recklessly. To read about felony assault, see Felony Assault in New York. This article deals solely with misdemeanor assault.
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The different levels of assault depend on several factors, including the severity of a victim's injury, whether the defendant used a weapon or object to cause an injury, whether the defendant caused the injury while committing another crime, and (in some cases) whether a victim is provided special protection by New York law. Assault can be charged as either a misdemeanor or differing levels of felonies. In New York, an assault occurs when a person injures someone else without legal justification.