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assault

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

In New York, assault is defined under the New York Penal Law Section 120.00 and its subsections. Assault in New York is generally described as intentionally causing physical injury to another person. The state differentiates between degrees of assault based on the severity of the injury, the intent behind the act, the use of a weapon, and the status of the victim (such as a police officer or a child). For example, Assault in the Third Degree, a class A misdemeanor, involves intentionally causing physical injury to another person. Assault in the First Degree, a more serious class B felony, involves causing serious physical injury with intent or with a deadly weapon. New York law does not use the term 'battery,' and instead, all acts involving physical contact are encompassed under the term 'assault.' The apprehension or fear of imminent harmful contact may fall under other related offenses such as Menacing, which is addressed in Section 120.14 of the New York Penal Law.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

New-York State Code

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