Assault Lawyer NYC - What Type of Physical Injury Is Required for Criminal Assault in New York? скачать в хорошем качестве

Assault Lawyer NYC - What Type of Physical Injury Is Required for Criminal Assault in New York?

Assault laws in New York and what is required for a physical injury. There are three degrees of the crime of Assault in New York. Assault in the Third Degree is defined under Section 120.00 of the Penal Law. Assault in the Second Degree is defined under Section 120.05 of the Penal Law. Assault in the First Degree is defined under Section 120.10 of the Penal Law. Both Assault in the Third Degree and several kinds of Assault in the Second Degree require a prosecutor to prove that another person sustained a “physical injury.” What Is a Physical Injury? The typical claim in criminal cases of where physical injury is required to prove the crime is that a person caused bruising, swelling, a laceration, or substantial pain to another person. ● Substantial pain is anything more than slight of trivial pain. ● Courts have held that bleeding, bruising, and swelling for which a person required medical attention is considered a physical injury. ● Courts have also held that a bump and/or a bruise with resulting soreness is a physical injury. ● Treatment by a medical professional, whether an EMT or doctor, is not necessary to prove a physical injury. What is Not a Physical Injury? In New York, courts have held that a physical injury pain requires more than slight or trivial pain. ● Petty slaps, shoves, kicks and the like delivered out of hostility, tend not to fall under the definition of a physical injury. ● The mere claim that a person was caused substantial pain by being shoved or hit may not be enough to show a physical injury. ● Courts may also consider the ability of a person to perform certain tasks to determine whether or not there was a physical injury. For more information about criminal Assault laws in New York, please visit: https://stengellaw.com/assault-lawyer.... Former Manhattan Assistant District Attorney Andrew M. Stengel provides aggressive representation for New York City for Assault and other alleged criminal offenses. Visit our website here: http://stengellaw.com, email us at [email protected], or call us at (212) 634-9222 for a free, confidential consultation. The Law Firm of Andrew M. Stengel, P.C. 11 Broadway, Suite 615 New York, NY 10004 Attorney advertising. Prior results do not guarantee a similar outcome.